Loading...
HomeMy Public PortalAboutAgendas - Jul. 19, 2011Agenda Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority Beaumont Charitable Foundation Beaumont Conservation Authority 550 E. 6th Street, Beaumont, California Workshop Session (5:00 p.m.) Regular Session (6:00 p.m.) Closed Session (after Regular Session) Tuesday, July 19, 2011 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" WORKSHOP Workshop Session to begin at 5:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor De Forge , Mayor Pro Tern Berg , Council Member Castaldo , Council Member Fox , Council Member Gall REGULAR SESSION Regular Session to begin at 6:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor De Forge , Mayor Pro Tern Berg , Council Member Castaldo , Council Member Fox , Council Member Gall Invocation: Pledge of Allegiance: Girl Scouts Presentation: Donation from the Beaumont Volunteer Fire Company Adjustments to Agenda: I. COUNCIL REPORTS (This is the portion of the agenda where the City Council will present updates on City actions taken, committee assignments, and training and travel) a) Mayor De Forge b) Mayor Pro Tern Berg C) Council Member Castaldo d) Council Member Fox e) Council Member Gall 2. CITY MANAGER REPORTS (City of Beaumont Core Values: Treat everyone right; Keep a customer service focus; Effective communication; Present opportunity; Operate like a great business; Eliminate bureaucratic solutions; Embrace positive change) a. Beaumont Charitable Foundation (made up of donations from citizens, employees and contractors) 1) June 2011 Financial Update 2) Fourth of July — Cutest Pet Contest, Guitar Hero Competition b. Community Information and Local Project Update 1) Fire Service & Inspection 2) 10 year Observance of 9 -11- Beaumont Cares Awareness Team (BCAT) 3) Sales Tax Update 4) Senior Center Newsletter C. Calendar of Events 1) Concerts in the Park a) July 13, 2011 — The Bangles (Walk like an Egyptian /Manic Monday) b) July 20, 2011 — The Commodores (Brick house) C) July 27, 2011 — Kansas (Dust in the Wind) d) August 3, 2011 — Rick Springfield (Jessie's Girl) 2) 15t Wednesday of each Month — Beaumont Care Awareness Team 3) Second and Third Wednesday of Each Month — Story Time Cafe 4) Potential Summer Schedule for City Council Meetings — August 16, September 6 d. Rumor Control, and Report on Oral and Written Communications 3. CONSENT CALENDAR (This portion of the Agenda is for items that do not require a Public Hearing or discussion.) a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary b. Approval of the Minutes of the City Council Meeting June 21, 2011 C. Approval of the Warrant List for July 19, 2011. d. Denial of Claim — Elizabeth Valenzuela e. Denial of Claim — Mt. San Jacinto College District f. Denial of Claim — Stella Enos g. Denial of Claim - Hartford h. Adoption of Ordinance No. 998 at its second reading by title only — An Ordinance of the City Council of the City of Beaumont, California, adding Section 17.13.040 to the Beaumont Municipal Code Entitled "Prohibition on Reapplication after Revocation ". i. Adoption of Resolution No. 2011 -19 — Classifications and Policies for Fund Balances. j. Adoption of Resolution No. 2011 -20 - Cooperative Agreement for Urban County Qualification 2012 -2014 (CDBG) k. Adoption of Resolution No. 2011 -21 — A Resolution of the City Council of the City of Beaumont Authorizing the Sale of Surplus Property (APN# 418 - 130 -028). I. Approval of Copier Contact with Konica Minolta. M. Approval of Affant Communication Network Implementation and Management Agreement. n. Receive and File the City of Beaumont Redevelopment Update. o. Accept Grant and Direct the City Manager to Sign the Southern California Edison California Efficiency Strategic Plan Implementation Contract — City of Beaumont Strategic Plan Activities p. Approve the Letter of Intent on the Fire Museum and Education Facility Proposal, Noble Creek Park. Recommendation: Approval of the Consent Calendar as presented. 4. ACTION ITEMS /PUBLIC HEARING /REQUESTS (This portion of the Agenda is for items that require a Public Hearing, discussion, and/or Council direction.) a. Ordinance No. 999 — An Ordinance of the City Council of the City of Beaumont, California Amending Section 2.08.100 of the Beaumont Municipal Code RE: "City Council — Salaries" Recommendation: Hold a Public Hearing and Approve the first reading of Ordinance No. 999 as presented. b. Ordinance No. 1000 — Amending Chapter 17.07.070A.12 "Flags" (to allow for increased flag area and flag pole height) Recommendation: Hold a Public Hearing and Approve the 1St reading of Ordinance No. 1000 as presented. C. City of Beaumont's Annual Partnership Overview per requirements of the Southern California Edison's "Energy Leaders Partnership" Recommendation: Hold a Public Hearing and Approve the Annual Partnership Overview (APO) as evidence of implementation of the Energy Action Plan of the City of Beaumont. d. Cost Sharing Agreement with Beaumont Unified School District for Brookside Avenue Improvements Recommendation: Continue off Calendar until the RDA issues with the State. e. Designation of Voting Delegates and Alternatives — League of California Cities Annual Conference — September 21 -23, 2011 — San Francisco. Recommendation: Appoint one Voting Delegate and one Alternate for the LCC Annual Conference to be held in San Francisco September 21 -23, 2011. 5. ORAL AND WRITTEN COMMUNICATIONS: Anyone wishing to address the City Council on any matter not on the agenda of this meeting may do so now. The oral communications portion of the agenda is to hear public comments. It is the City Council's policy not to discuss matters brought up as public comment until they are added to the agenda of a future meeting. Anyone wishing to speak on an item on the agenda may do so at the time the Council considers that item. All person(s) wishing to speak must fill out a "Request to Speak Form" and give it to the City Clerk at the beginning of the meeting. The forms are available on the table at the back of the room. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. 6. CLOSED SESSION Closed Session to begin after regular session Place: City Manager Conference Room a. Conference with Labor Negotiator — Pursuant to Government Code Section 54957.6 City Negotiator as Personnel Director, Alan Kapanicas Employee Organizations - Management Employees as Individuals b. Pursuant to Government Code 54956.9 (a)— Existing Litigation 1) Western Riverside Council of Governments vs City of Beaumont RIC 536164 2) Outdoor Media Group vs City 3) Oak Tree Alternative Care v. City of Beaumont RIC 1109687 4) Ochs v. City of Beaumont RIC 1100933 Adjournment of the City Council Meeting at p.m. Any Person with a disability who requires accommodations in order to participate in this meeting should telephone Shelby Hanvey at 951 - 769 -8520 ext. 323, at least 48 hours prior to the meeting in order to make a request for a disability - related modification or accommodation Beaumont Charitable Foundation Financial Status as of June 30, 2011 (Unaudited) Designated: PD Explorer Post Shop with a Hero Beaumont Youth Activities League Pass Area Youth Court Adopt -a -Cop Animal Care MDA Amount available for undesignated use: Balances June 2011 Balances May 2011 Activity June 2011 500 500 323 -279 44 1,104 80 1,184 316 -303 13 1,011 815 1,826 38 38 25,395 10,764 36,159 28,649 11,115 39,764 1,402 270 1,672 Total: 41,436 Ana Agenda Item No. � ' b ` r , STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Community and Economic Development Department AGENDA DATA: July 19, 2011 SUBJECT: September 11`h —10 Year Memorial Events & Concert BACKGROUND / ANALYSIS: Staff is currently planning events for the September I Ith Ten Year Memorial Weekend. Ideas that were discussed were memorial videos, day of service events, run/walk events, and even a concert in the park. Staff learned Solera, one of Beaumont's private communities, had also started planning for a memorial event for their own community. City Staff and Solera's planning committee met to ensure the events planned for the weekend by both entities would not conflict. The City of Beaumont is proud to announce Solera was successful in their endeavor to retain the USMC Band to play the night of Sept. 10`h, 2011 within the green belt of the private community. The following events are planned for the weekend of September 10 and 11, 2011: Saturday September 10th, 2011 • 8:00 am to 10:00 am 5k Remembrance Walk/Run Event (Solera, Invite Only) • 8:00 am to 1:00 pm BUSD Spirit Run Event (Stewart Park) • 4:30 pm to 6:00 pm Solera Dinner with USMC Band (Solera, Invite Only) • 6:30 pm to 8:30 pm USMC Band Concert (Solera Green Belt, Invite Only) Sunday September 111h, 2011 • 12:00 pm to 1:00 pm City of Beaumont Remembrance Time (City Hall Memorial) • 2:00 pm to 5:00 pm Possible Special City Concert in Park (New Creation Church) • 6:00 pm to 8:00 pm Possible City of Beaumont Concert — Open to Public!! CITY CONCERT IN THE PARK DETAILS • Event to be held at Stewart Park • Event will be open to the Public • "First Come, First Serve" seating ONLY • Rough Costs = $15,000 for the Concert Event RECOMMENDATION: Staff recommends that the City Council: Review the following calendar of events and concert details and direct staff on how to proceed. Respectfully Submitted, Kyle Warsinski Community Development Analyst oC.b BEq�� Beaumon Sales Tax Update i SecondQraarler Riweipir for t'7r:d Qllwlel- Vales (J,ni -A Iar 20 J 1) SALES TAX BY MAJOR BUSINESS GROUP $320,000 $280,000 1st Quarter 2010 ■$240,000 1st Quarter 2011 $200,000 $160,000 $ 120,000 $80,000 540.000 $0 General Fuel and Building Restaurants Food Autos Business Consumer Service and and ana and and Goods Stations Construction Hotels Drugs Transportation Industry REVENUE CONIPARISON Four Quarters — Fiscal Year To Date 2009 -10 2010 -11 Point-of-Sale 52,760,420 'Top PRODUCERS County Pool In Alphabetical Order 307,071 84 Lumber Home Depot Autozone Parts J W D Angelo Bakers Burgers Kohls Banning RV Oak Valley Chevron Discount Center Petco Beaumont Ace Ross Home Center Southland Beaumont Gas Petroleum Arco Mart Beaumont Staples Stater tater Bros Bed Bath & Beyond Verizon Wireless Best Buy Walgreens Big Tex California Walmart Super Chilis Bar & Grill Center Grove 76 Highland Shell REVENUE CONIPARISON Four Quarters — Fiscal Year To Date 2009 -10 2010 -11 Point-of-Sale 52,760,420 $3,043,672 County Pool 291,010 307,071 State Pool 2,407 1,330 Gross Receipts $3,053,838 $3,352,073 Less Triple Flip' S(763,459) S(838,018) *Retmbutwed from county compensation frnad Published by The HdL Companies in Summer 2011 www.hdlcompanies.com 1 888.861.0120 Statewide Sales on the Rise Adjusted for accounting aberrations, California's local sales and use tax rev- enues from transactions during the first quarter of 2011 were 9.2% higher than the previous year's comparable quarter. This represents the fifth con- secutive quarter of recovery and the largest percentage gain since the sec- ond quarter of 2005. Total annual rev- enues however, are still 14.8 % below 2006 -2007. Most regions of the state shared in the increase with the largest contributor coming from a dramatic surge in fuel prices. Allocations from new car sales also were a factor with a statewide gain of 19.8% over the first quarter of 2010. Revenues from full service restaurants and consumer electronics exhibited increases of 10% or more. California Outlook The good news is that California's economy is recovering and sales tax growth will follow. However, gains in the next two quarters will be held back by temporary supply chain dis- ruptions caused by the earthquake and tsunami in Japan and by reduced con- sumer spending as rising gas prices cut into disposable incomes. New uncer- tainties from further declines in home values and additional government lay- offs may also soften consumer spend- ing and business investment for the first half of the fiscal year. Sales tax growth is expected to pick up in the second half although slug- gish improvement in employment and lackluster construction spending will continue to affect the economies of the state's inland regions. Internet Taxation Under federal case law, states cannot require businesses without a physi- cal presence in their state to collect sales tax. Companies such as Amazon have built their business plans around avoiding collecting the tax thereby put- ting local brick and mortar stores at a competitive disadvantage. 'Phis year, California has attempted to partially correct the inequity through the passage of ABX 128 which com- bines the differing strategies of three previous bills with each designed to be severable in the event of a successful court challenge. The first follows the lead of New York State by declaring that internet sales through a host of in -state affiliates constitutes "substantial nexus" and therefore makes sales through those affiliates subject to sales tax. ABX 1 28 also prevents companies with in- state brick and mortar stores from treating those stores as separate legal entities to avoid collecting tax on in- j ternet sales. The third strategy permits the state to use a revised definition of "engaged in business in this state" if future court decisions expand the defi- nition of nexus so that internet sellers must collect sales tax in their custom- ers' jurisdictions. ABX 1 28 is expected to increase statewide tax collections by $317 mil- lion annually, with local governments splitting about $39 million or roughly $1.00 per capita. Revenues from these out of state sales would be distributed primarily though the countywide use tax allocation pools. Staying Alive (shrinking retailers) Agencies in smaller market areas may have fresh opportunities for new retail with big box stores now planning on smaller facilities. Reducing floor area is seen as another method of cost con- tainment as consumer thriftiness keeps pressure on corporate profit margins. JC Penney, Petsmart, TJ Maxx and Staples have announced plans to build stores up to 40% smaller than their existing locations while Best Buy is planning to sublease part of the space in their existing stores and retail giant Wal -Mart is experimenting with stores as small as 14,000 square feet to re- capture lost market share from dollar stores. BEAUMONT TOP 15 BUSINESS TYPES Beaumont County HdL State Business Type Q1 '11 Change Change Change Auto Repair Shops 10,756 13.0% 9.0% 4.8% Contractors 11,328 10.1% -1.0% 2.3% Discount Dept Stores - CONFIDENTIAL - 1.0% 2.1% Drug Stores 11,389 7.1% 4.6% 3.3% Electronics /Appliance Stores - CONFIDENTIAL - 11.8% 11.9% Family Apparel 44,090 2.7% 2.5% 3.8% Grocery Stores Liquor 30,423 -24.0% - 21.7% -12.5% Home Furnishings 13,119 -14.9% 1.4% 5.0°% Light Industrial /Printers 11,510 - 12.1% 14.1% 6.5% Lumber /Building Materials - CONFIDENTIAL - 6.0% 2.3% Restaurants Liquor 20,267 3.7% 10.6% 8.5% Restaurants No Alcohol 52,568 4.8% 14.4% 8.6% Service Stations 148,647 78.4% 25.6% 19.8% Specialty Stores 13,041 43.0% 22.5% 3.2% Trailers /RVs 22,464 -36.6% 7.1% 9.6% Total All Accounts $751,010 10.4% 9.6% 7.5% County & State Pool Allocation 77,397 8.3% Gross Receipts $828,406 10.2% CITY OF BEAUMONT MAJOR INDUSTRY GROUPS - 13 YEAR HISTORY Adjusted by moving retroactive payments with an absolute value of $5,000 or more into the quarter the sale was generated Chart Description: This chart compares sales tax for the Major Industry Groups. The prior 12 fiscal years are shown graphically for historical reference purposes. Allocations have been adjusted to reflect economic data, Industry Groups Years Shown Reflect the Period in Which the Sales Occurred - Point of Sale (Thoucan(W General Consumer Goods Outlets = 848 Fuel And Service Stations .r ��r. r■■-�v�: Outlets =10 Building And Construction .................... Outlets = 26 Restaurant And Hotels r.r■ r■r■ r■r.r■r Outlet = 90 Food And Drugs 0 utlet =36 , , u Autos And Transportation .s- n����rr�r ■� Outlet = 64 Business And Industry rnrinuunu nrrurrnnnnnuunnrnuri Outlets =144 / /r- ■wr�r■,■ ■err+ ' .. ' / ■+rs✓ . + 1,200 1,080 960 840 720 Mryq`a + a 600 6 i 480 .A • �r ■r■r■r■1lA ■r■r• 240 ��yy^■■■rrl��w ti r Y 1lrri tiid1�i/ ,r'� � �// r M r rdn'rnnrypu • z x a . s - 0 In h rrr r r ■ru■r■-■r■r■r.r.r ■r ■r■ /• irrr�r 120 ununu anon uu uun uunrrn nuuururrrunrrurrunnurruun unrrrrrrn nun unuuunrunrruuurn rrn jj °n �0 Fiscal Year 98199 99100 00101 01102 02103 03104 04105 05106 06107 07108 0 18 09 09110 10111 Agency 13 Year Trend= +6879% CONFIDENTIAL INFORMATION - DO NOT COPY OR DISTRIBUTE WITHOUT AUTHORIZATION 0612912011 3:47 pm Hinderliter de Llamas and Associates • (909) 861 -4335 • www.hdicompanies.com 3,150 2,800 2,450 2,100 1,750 1,400 1,050 700 350 1 TO: HdL CLIENTS ISSUE UPDATE #3 SUBJECT: INTERNET TAXATION — NARROWING THE LOOPHOLES Summary: JuIv. 201 Use tax was first imposed in 1935 in order to discourage buying from out of state solely for the purpose of avoiding state sales tax. Accordingly, consumers that purchase tangible personal property from out of state are liable for use tax at a rate equivalent to the sales tax. Under federal case law, states cannot require businesses without an in -state physical presence to collect these taxes on behalf of the consumer. Companies such as Amazon have built their business plans around avoiding collection of sales or use tax thereby putting local `brick and mortar' stores at a competitive disadvantage and reducing government revenues. On June 28`h the Governor signed ABX 1 28 (Blumenfield). It became effective immediately. This bill clarifies the obligations under existing law for out -of -state retailers to collect and remit use tax on the sale of tangible personal property to California residents or businesses. Specifically, it expands the statutory definition of "'retailer engaged in business in this state" to include: • Any retailer entering into an agreement with a California resident under which the resident, for a commission or other consideration, directly or indirectly refers potential customers, whether by a link or an internet website if: o The retailer's cumulative sales within the preceding 12 months to customers in California that were referred pursuant to affiliate agreements are in excess of $10,000 and, • The retailer in the preceding 12 months had sales of tangible personal property in the state in excess of $500,000. Fiscal Impact• Based on SBOE estimates, ABX 1 28 is expected to increase statewide tax collections by $317 million annually, with local governments splitting about $39 million. However, these estimates are predicated on firms such as Amazon and Overstock continuing their Affiliate Programs. Since Amazon and Overstock have terminated their Affiliate Programs the potential revenue gain is less than half the initial estimiate. Revenues from these out -of -state sales would be distributed primarily through the countywide use tax allocation pools. At this juncture it is uncertain how the State Board of Equalization will allocate use tax under these new provisions. However, examples illustrating how internet sales are allocated now may provide some guidance. Current Distribution: • Internet sales by an in -state retailer such as Target, Borders or Best Buy: • If the merchandise is picked up at a specific retail store location, the local share of the sales tax is allocated to the agency where the store is located. • If the merchandise is directly shipped to a customer from a specific in -state warehouse and the inventory is owned /controlled by the retailer, the local one -cent share of the sales tax is distributed to the agency where the warehouse is located. (909) 861 -4335 TO: HdL CLIENTS ISSUE UPDATE #3 SUBJECT: INTERNET TAXATION — NARROWING THE LOOPHOLES Summary: JuIv. 201 Use tax was first imposed in 1935 in order to discourage buying from out of state solely for the purpose of avoiding state sales tax. Accordingly, consumers that purchase tangible personal property from out of state are liable for use tax at a rate equivalent to the sales tax. Under federal case law, states cannot require businesses without an in -state physical presence to collect these taxes on behalf of the consumer. Companies such as Amazon have built their business plans around avoiding collection of sales or use tax thereby putting local `brick and mortar' stores at a competitive disadvantage and reducing government revenues. On June 28`h the Governor signed ABX 1 28 (Blumenfield). It became effective immediately. This bill clarifies the obligations under existing law for out -of -state retailers to collect and remit use tax on the sale of tangible personal property to California residents or businesses. Specifically, it expands the statutory definition of "'retailer engaged in business in this state" to include: • Any retailer entering into an agreement with a California resident under which the resident, for a commission or other consideration, directly or indirectly refers potential customers, whether by a link or an internet website if: o The retailer's cumulative sales within the preceding 12 months to customers in California that were referred pursuant to affiliate agreements are in excess of $10,000 and, • The retailer in the preceding 12 months had sales of tangible personal property in the state in excess of $500,000. Fiscal Impact• Based on SBOE estimates, ABX 1 28 is expected to increase statewide tax collections by $317 million annually, with local governments splitting about $39 million. However, these estimates are predicated on firms such as Amazon and Overstock continuing their Affiliate Programs. Since Amazon and Overstock have terminated their Affiliate Programs the potential revenue gain is less than half the initial estimiate. Revenues from these out -of -state sales would be distributed primarily through the countywide use tax allocation pools. At this juncture it is uncertain how the State Board of Equalization will allocate use tax under these new provisions. However, examples illustrating how internet sales are allocated now may provide some guidance. Current Distribution: • Internet sales by an in -state retailer such as Target, Borders or Best Buy: • If the merchandise is picked up at a specific retail store location, the local share of the sales tax is allocated to the agency where the store is located. • If the merchandise is directly shipped to a customer from a specific in -state warehouse and the inventory is owned /controlled by the retailer, the local one -cent share of the sales tax is distributed to the agency where the warehouse is located. o If the merchandise is shipped from an out -of -state location, the local share of the use tax is distributed to the county where the merchandise was delivered via the countywide use tax pool at the tax rate of that county. New Provisions Under ABX1 28: • Internet sales made by an out -of -state retailer that exceed the dollar limitations set by ABX1 28 are taxable. • Allocation of the local share of use tax is likely to be through the countywide use tax pools (point of delivery) system established by the state to ease reporting requirements for sellers making sales in multiple jurisdictions. • If an out -of -state retailer has no physical presence in California and no agreements with affiliates, then that retailer is not required to collect California sales or use tax. For a detailed analysis of ABXI 28 and other bills relating to internet sales that are being considered by the state legislature, go to o.coin or contract us at (909) 861 -4335. RETAILERS EXPANDING IN CALIFORNIA 2011 -2012 June 2011 Leasable Annual Sales Site Business Name Business Activity Area S. F. per S. F. Preferences Expansion Area Contact Information General Retail 7 For All Mankind Family apparel 2,500 $4 -5 6, 7, 8 High end metro areas Topher Gaylord, Pres., (310) 427 -1114 Adventure 16 Sporting goods 5,000,6,000 $10-25 1, 2, 8 Southern Califomia John D. Mead., Pres., (609) 283 -2362 Arizona Leather Furniture, luggage 4,500 -5,500 $5 -15 4 Statewide Jim Riedl, CEO, (909) 393 -6776 Betsey Johnson Women's apparel, shoes 1,000 . $4-8 4, 6, 7, 8, 9, 10 Upscale metro areas Susan Falk, CEO, (212) 244 -0843 Beverage 8, More Wholesale Club 8,000 - 10,000 $30 -50 4,12 Statewide sealyi(d)bevmo com Bristol Farms Supermarket 15,000 $2540 1, 2, 4, 5, 7, 8 Statewide Kevin Davis, CEO, (310) 233 -4700 Calico Comers Fabrics and home d@cor 4,500 $6 -12 1, 2, 4, 5, 11 Upscale metro areas cmcdonough(d)calicocorners com Cotton On Famtiy apparel 2,500 -6,000 $6-10 1, 2, 8 Upscale metro areas (949) 789-0326 Ask for RE Manager dd's Discounts Women's apparel 25,000 $60 -100 All but 5, 11, 12 Statewide real estate(a)ros com Dick's Sporting Goods Sporting goods 45,000 - 80,000 $30-50 3, 7, 9 Central & Southern California scott.riddles&srsre.com Famous Footwear Shoes 6,000 $12 -15 1, 3, 6 Statewide hvanommeren 0a_,farnousfootwear Frys Electronics Electronics, software, appliances 50,000 - 160,000 $400 -650 4 Metro areas Pres., R.E., Wm. Randy Fry, (408) 487 -4500 Hancock Fabrics Arts /Crafts/Fabrics 8,000 - 12,000 $10 -13 2, 3, 4 Statewide scrymbleLZi)hancocKfabncs corn Hugo Boss Men's and women's apparel 2,000 -5,000 $15-45 6, 8, 11 Upscale metro areas Soo Jin Nam, RE Coord., (212) 940 -0600 JC Penney Department store 115,000 $200 -275 1, 3, 4, 6, 7 Statewide dzum -lj d)icpennev com Jo-Ann Stores, Inc. Arts/Crafts/Fabrics 14,000 - 35,000 $20-35 1, 2, 3, 4, 5, 6 Statewide velma.auinian oann.com Joe's Jeans Family apparel 2,000 -3,000 $8 -12 8,11 Statewide Marc Grossman, CEO, (323) 837 -3700 Leslie's Poolmart Supplies Pool supplies 3,500 - 4,500 $5 -9 1, 2, 3, 4 Statewide iiacobazzil2lesl.com Lowe's Home improvements 100,000 - 150,000 $200 -300 2, 3, 4 Statewide Mike Miller (630) 548 -7508 Michael Kors Men's and women's apparel 3,000- 5,000 $12 -35 8.11 Statewide inauiriesamichaelkors.cam Michaels Store Arts /Crafts/Fabrics 18,000 $30-40 1, 2, 3, 4, 6, 7 Statewide Wendi Frost, Dir. RE, (704)442 -9744 Mor Furniture For Less Home furnishings, accessories 40,000 - 90,000 $100.200 3, 4, 5, 10, 11 Statewide Ride Haux (858) 547 -1616 Nordstom Rack Discount department store 35,000 - 40,000 $100 -250 1, 2, 4, 8, 10 Orange County Nordstrom Inc. (206) 628 -2111 Orvis Co. Specialty 12,000 - 23,000 $9-12 1, 4, 7, 8, 9 Upscale metro areas goldenoakdevQwx.net OSH Hardware store 50,000 $60 -100 All but 8, 9, 10, 12 Southern California Cypress Retail Group (310) 670 -1310 Pier 1 Imports General merchandise 9,000 - 15,000 $12-20 1, 2, 3, 4, 5, Statewide Todd Boysen (817) 252 -8000 Planet Beauty, Inc. Cosmetics 1,400 - 2,500 $7 -10 1, 2, 6, 8, 11 Upscale metro areas bahman(c'volanetbeauty com Pottery Barn Home furnishings, accessories 5,000 - 15,000 $25-75 1,12 Statewide igordonaeosteencom REI Sporting goods 26,000 - 30,000 $50-75 2, 3, 4, 5, 6, 7, 8, 9 Statewide Lisa Schoo, Dir. RE., (253) 395 -3780 Sally Beauty Supply Cosmetics 1,200 -1,600 $8-12 1, 2, 3, 4, 5, 8, 10 Statewide realestatedsallybeautv.com Sit N Sleep Furniture /beds 1,000 - 2,000 $18 -30 1 Southern California Larry Miller (310) 608 -6838 SteinMart Department store 29,000 - 36,000 $35-50 2, 3, 6, 9 Statewide kliahtQs,,jeirlmart.com Target Discount department store 123,000 - 74,000 $250 -450 2, 3, 4, 6, 7 Statewide Gregg Steinhafel (612) 304.6073 Thomasville Furniture Home furnishings, accessories 10,000- 14,000 $25-35 2,4 Statewide Greg, Dares, V. P. RE., (336) 472 -40W Tilly's Apparel and soft goods 6,000 - 10,000 $25 -35 1, 3, 9, 10 Statewide John Burgess (949) 609 -5587 Tory Burch Women's apparellaccessofies 2,500 - 5,000 $20-30 4 Upscale metro areas inauiriestc"iZtorvburch.com True Value Hardware Hardware store 3,500 - 15,000 $6 -25 2, 4, 6, 7 Statewide Fred Kirst, V. P. (773) 695 -5000 Tuesday Morning Gifts, home d6cor and furniture 8,000 - 10,000 $6-16 3, 4, 9 Urbarddowntown areas mdean tuesdavmomino.com Key to prefefred sites: 1 Community Strip 4 Freestanding 7 Enclosed Super Regional Mail 10 Mixed Use 2 Neighborhood Strip 5 Pad /Out Parcel 8 Downtown/ CBD 11 Outlet Center 3 Power Center 6 Enclosed Regional Mall 9 Lifestyle Center 12 Endcaps 5/25/2011 Page 1 of 2 Business Name Business Activity Leasable Area S. F. Annual Sales per S. F. Site Preferences Expansion Area Contact Information General Retail (continued) Restaurant 6,500 - 7,500 $25-40 4, 5, 8, 9, 10 Upscale metro areas famigAa(b..ucainc.com Verizon Wireless Wireless communications 2,500 - 5,000 $20-40 3, 4, 6, 7, 8 Statewide mhotarek(@easternretaii.com Wal -Mart Family apparel and soft goods 100,000 - 125,000 $375 -650 2, 3, 4, 5, 6, 7, Statewide Wal -Mart Stores, Inc. (479) 273 -4000 Wal -Mart Supercenter Family apparel and soft goods 140,000 - 200,000 $300 -500 2, 3, 4, 5, 6, 7, Statewide Wal -Mart Stores, Inc. (479) 273 -4000 Warehouse Discount Center Home appliances 20,000 $35-55 4 Statewide Thomas Schlender, Pres., (805) 222 -1380 Warehouse Shoe Sale Discount shoes 6,000 - 9,000 $15-25 1, 2, 4, 8 Southern California skancLavartga L nonartners. com Restaurants Amicis East Coast Pizzeria Restaurant 3,000 -5,000 $15 -30 1, 2, 8 Bay Area Peter Cooperstein, Pres., (650) 373 -3440 BUCA di Beppo Restaurant 6,500 - 7,500 $25-40 4, 5, 8, 9, 10 Upscale metro areas famigAa(b..ucainc.com Five Guys Famous Burgers Restaurant 2,000 - 3,000 $14-20 2,8 Statewide Greg DeCelle (703) 339 -9500 Island Restaurants Restaurant 5,300 $20-35 3, 4, 5, 6, 7, 9,10 Statewide sites_ island_restaurants.com Mary's Pizza Shack Restaurant 4,000 $12 -20 2, 3, 5 Northern California infoamaryspizzzashack.com Panda Express Chinese restaurant 800-2,600 $12 -24 2, 3, 4, 7, 10 Statewide ste_phanie _v_erduooa pandarg_com. Panera Bread Casual dining 3,700 - 4,500 $14 -22 All Statewide ieff.straka(cD_srsre.com Pizza Factory, Inc. Casual dining 1,000 - 5,000 $4-8 1, 2, 4, 5, 8 Statewide pfinc @_sti.net SanSai Sushi & Grill Fast - Casual Japanese restaurant 1,500 - 2,500 $5 -8 1, 2, 8, 10 Orange & San Diego Counties Ben Ortega, Dist. Mgr (213) 622 -2116 Umami Burger Fast casual restaurant 1,000 -4,000 $12 -18 AN but 6, 7, 11.12 Southern California infoAumamiburyer -m Wingstop Restaurant/bar 1,300 - 1,800 $6 -12 1, 2, 3, 6, 7, 8, 9 Statewide contactusDwolfgan uckcom Wolfgang Puck Express Restaurant/bar 4,000 $6-12 All but 10, 11, 12 Upscale metro areas Ronald Biskin, Pros. Express Grp (310) 432 -1500 Food & Drug Bonfare Market Convenience Stores 2,500 - 3,500 $15 -25 4 Northern California Jag Kapoor (408) 933 -4422 Fastrip Food Stores Convenience Stores 3,500 $8-20 4 Statewide r0ys @1aco.com Fresh & Easy Market Neighborhood market 10,000 $7 -12 1, 2, 4, 10 Northern California stcy.browner(@us.tesco.com Grocery Outlet Supermarket 20,000 $6-12 1, 2, 4, 5 Statewide mdraisin(a)cfgo com Hows Market Supemarket 32,000 $20 -30 4 Los Angeles County sstrickler(cDhowsmarkets com Jons Marketplace Supermarket 30,000 $14-28 1,2 Los Angeles County j%prk @_jonsmarket� lace corn La Pena Tapatio Market Supermarket 20,000 $6 -10 4 Northern San Joaquin Valley Gabriel Billa, Mkting Mgr. (209) 669 -2500 Mollie Stone Markets Supermarket 25,000 - 42,000 $20-35 4 Bay Area Michael Stone, CEO, (415) 289 -5720 Safeway Supermarket 58,000 $50 -70 9 Northern California Safeway Inc. (925) 467 -3000) Sprouts Farmers Market Supermarket 24,000 - 30,000 $15-25 1,4 Statewide sethbrown@ssprouts.com Walgreens Drug store 14,500 $18-30 4, Riverside County nelson @strate icretailadvisor com WinCo Foods Full line grocery 90,000 - 100,000 $60 -120 1, 3, 4 Statewide morganr(@Wincofoods_ com Expanding but Shrinking - Retailers Introducing Smaller Floor Areas Best Buy Electronics 30,000 $500 -700 3, 4, 5, 6, 12 Statewide pat.matre(a)bestbuv.com JCPenney Department store 60,000 $180-250 Urban infill Statewide dzi rm __ jcpenne com _ _ Y_ _ Petsmart Pet supplies 18,000 $150 -225 3, 4, 6 Statewide www.petsmartstores.com /RE/ Save -A -Lot Market 15,000 $6-12 1, 2, 4 Statewide nanc y carol @save= a_lotcom TJ Maxx Off -price clothing/acoessories 20,000 $300 -500 All but 10, 12 Statewide www.tixrealestate.com Walmart Discount store 14,000 TBD T13A TBA Not announced Key to preferred sites: 1 Community Strip 2 Neighborhood Strip 3 Power Center 4 Freestanding 7 Enclosed Super Regional Mail 10 Mixed Use 5 Pad /Out Parcel 8 Downtown r CsD 11 Outlet Center 6 Enclosed Regional Mall 9 Lifestyle Center 12 Endcaps Page 2 of 2 H mini NIMM10 CITY OF BANNING ALL BUSINESS TYPES - 13 YEAR HISTORY Adjusted by moving retroactive payments with an absolute value of $5,000 or more into the quarter the sale was generated Chad Description: This chart compares per Capita sales to that of other jurisdictions. The prior 12 fiscal years are shown graphically for historical reference purposes. Allocations have been adjusted to reflect economic data. t —W w,VI virus uc/vs W/U4 W /Ub Ub /06 06107 07/08 08/09 09/10 10111 07113/2011 1 tV am Hinderliter de Llamas and Associates • (909) 8644335 • www.hdicompanies com Volume 21 Issue 22 1 Beaumont Senior Services 1310 Oak Valley Parkway Beaumont, CA 92223 951-769 -8539 Fax 951- 769 -1372 City Website: ci.beaumont.ca.us Eileen Rodriguez Community Service Department Manager Verita DeHesa Assistant Community Access Lilian Peter Open: Monday - Friday 8:oo am.— 4:00 p.m. Dial -A -Ride 951769-8532 The Beaumont Library at 125 E. 8th Street offers many services such as: Free Public Internet access, Computer classes, Literacy Tutor, Reading classes, Craft projects, Poetry, Drivers License Test Preparation classes, Computer Workshops, Book Sales & much more. Call (951) 845 -1357 b y Beaumont Senior Newsletter) July & August 2011 Come and enjoy the City of BeaumAt's Sth Annual FREE Sumpter Concert Series beginning July 4th, 201L Taking place at Steatart Park on 9th and Orange Streets in Beaumont. All concerts begin at 7pm. Bring your la" ,n chairs or blankets, your barbeques or picnics, and of course your family and friends!!! Call For Photos And Stories Behind every name, is a story. The Vietnam Veterans Memorial Fund has a goal to collect photos for all 58,267 veterans on The Wall. It was thousands of individuals who helped build the Memorial; now we are calling on you once again. Do you have a photo or know someone who has a photo for a name on The Wall? The City of Beaumont wants to help honor the fallen, and those that have yet been found, who served in the Vietnam War. If you, or someone you know, has photos and/or stories to share in remembrance of a fallen or missing Vietnam Veteran, please submit them This is a National Call for Photos, and The City of Beaumont wants to ensure that e, v� Vietnam Veteran, whose name would be on The Wall in Washington D.C., has a face put with a name. Please help us in accomplishing this great task, and submit your photo and/or story today! Submittals will be accepted at the Beaumont Civic Center, and the Albert A. Chatigny Community Recreation Center. For more information and instructions, visit the City of Beaumont website at www.ci.beaumont.ca.us, or call 951-769-8524. Vol 21 Issue 22 July & August Page 2 E unc 1 E e a rn Please join us for an Ice Cream Social on Medicare Information When: July 21st 2011 Friday, July i5th and Friday August 19th at the Albert Where: Albert Chatigny Community Center Chatigny Community Center from Time: 11:oo am Please join us for Lunch and Information on lo:oo am to Noon Sponsored by MD how to recognize scams, protect personal Health Care. A day of fun and leisure. information and detect billing errors. Games & music will be provided. Play Reservations are required call 769-8539 Scrabble, checkers, UNO, Playing Cards, Bin o. 7q" ao "All PASS AREA SUPPORTING SOLDIERS "PASS" �..2n COOL CENTER Fo_ _. - - .1) DO YOU HAVE A LOVED ONE Do you want to escape the heat? A Cool Center WHO IS SERVING IN THE is where you go. Community Action Partnership MILITARY OVERSEAS? Please of Riverside County is coordinating Cool Centers let us know and we will add them for the vulnerable individuals, seniors, the to our mailing list and start sending a disabled and others in need of temporary relief CARE PACKAGE to them. Call Sandy at from the heat. Cool Centers will be open to the the number below with the mailing public in "affected areas" when the Riverside address, no later than July 13th. County Department of Mental Health issues a We are currently holding a donation drive to "lleat Warning" on your television or radio, and collect items for our next box mailing, which is local newspaper. You are welcome to come into July 201h at Beaumont Civic Center, 55o E. 6th the Beaumont Senior Services Office we are a Street, Beaumont. If you would like to contribute items, or pack a box for a soldier, certified Cool Center. Keep Cool & Protect your Health when it's Hot! Drink plenty of water. please join us Beaumont Civic Center, 55o E. 6th Avoid Alcohol and caffeine. Wear a wide- Street on July loth from 8:3o am to noon. Some brimmed hat or use an umbrella for shade when items needed are: foot powder, antibacterial gel, outside. Wear light - colored loose clothing. Slow single services of presweetened drink mixes, down, rest in shade or cool place when possible. cocoa packets, gum, beef jerky, canned nuts, pop Never leave a child, elderly person or animal tarts, granola bars, oatmeal packets, individually alone in a vehicle. Check on your friends and wrapped cookies and crackers, candy, microwave neighbors who are elderly, have a medical condi- popcorn, tea, coffee, batteries (AA & AAA) tion, or are at high risk for problems when it is chapstick, crossword puzzles, Frisbees, hand very hot. If you do not have an air conditioner, held games, deodorant soap, disposable razors use it fan. Take a cool shower or bath. When it is (men & women). NO AEROSOL PRODUCTS, hotter than 90 visit a friend with air NOTHING CHOCOLATE, NOTHING IN conditioning or some place cool. GLASS AND NOTHING PERISHABLE. T u r n o n your air conditioner. Monetary donations can be mailed to: The Summer Energy Crisis Hotline is: PASS 2 P.O. Box 47 Banning, CA 92220. 1- 888 - 6368676 Monday — Friday Bain —5P111. For more information call Sandy Blier at (951) 880 -7o85 Vol 21 Issue 22 July & August 2oii Page Beaver Medical Group is hosting a Group - Doctor talk on "Alzheimer's, Dementia & Maintaining a Healthy Brain" on Thursday, September 2, 2011 at the Beaumont Civic Center: 550 E. 6th Street, 9am to Noon. Please join them for a wonderful morning of education and FREE MEMORY SCREENING. More information to follow on next Newsletter! THE PARENT PROJECT The City of Beaumont is proud to offer a new Parent Project beginning Wednesday, September 79 2011. The Class is a 10 week program designed for parents with strong - willed or out of control adolescents. Parents learn specific prevention and intervention strategies for destructive behaviors Including truancy, alcohol, drug use, gangs and other criminal behavior, occult practices, running away, violence and suicide. The program is voluntary. The Parent Project is being offered free of cost to local residents throughout the Pass area. Space is limited, so advanced registration is required. Classes will be held Wednesday evenings from 6pm to 9pm at the: Beaumont Civic Center: 550 E. 6th Street. To register for the program or more information please call Tosha Wells at the Beaumont Police Dept. 769 -8500. DAYBREAK Adult Day Services with Kay Perryman, Director now has a new location. 76o W. Acacia Ave, Suite 103, Hemet, Ca 923543, Medicare Information & Insurance Information Meetings Making the RIGHT choice can be confusing. It doesn't need to be! HR Benefits helps you evaluate your options so you can make informed decision at NO CHARGE. The Medicare Information Meetings will be held every month th year at the Chatigny Community Center, 1310 Oa Valley Parkway in Beaumont. No Selling just information regarding Medicare, HMOs Prescription Drug Plans, PPOs, Medicare Supplemental & Advantage and Medi -Medi. No appgintment needed, just show up 10:30 am. Monday, July 18th Monday, August 22nd Monday, September 19th at Monday, October 17th & 24th Monday, November 14th 21 st & 28th No December meeting New Laws Requires: Carbon Monoxide Detectors In Homes Starting July 1, 2011 new legislation will go into effect requiring homeowners to install carbon monoxide detectors in every California home. Carbon Monoxide is a silent killer, each year claiming lives and sending thousands of people to emergency rooms across the nation. Carbon Monoxide (CO) is a colorless, odorless gas that is produced from heaters, fireplaces, furnaces and may types of appliances and cooking devices. The best way for homeowners to stay protected is to have a detector installed on every floor and outside each sleeping area. Devices must be installed in single family homes beginning July 1st and multifamily leased and rental dwellings such as apartment buildings must have them by January 1, 2013. The devices look a lot like "Smoke Detectors" and can range in prices of. $17.77 to $9,977.00. Some devices can be plugged into an outlet costing as low as $20.00. You can purchase them inexpensively and install them yourself. If you need further assistance on information please contact the Senior Center: 951 - 769 -8539 BEWARE OF SCAM NON - CONTRACTORS! Beaumont Senior Services 1310 Oak Valley Parkway Beaumont, CA 92223 Chatigny Community Center 951 - 769 -85.24 Beaumont City Hall 951 - 769 -8520 Beaumont Library 951 - 845 -1357 Chamber of Commerce 951 - 845 -9541 DMV 800 - 777 -0133 Adult Protective Services 800 -491 -7123 HELP 951 - 922 -2305 In Home Support (IHSS) 951 - 922 -7585 Office on Aging 800 - 510 -2020 Senior Nutrition Program 951 -849 -1920 Housing Authority 951 - 351 -0700 Senior Legal Hotline 800 222 -1753 Banning Senior Center 951 - 922 -3250 Adult Education 951- 845 -6012 Home Delivered Meals 800 - 510 -2020 Put Sticker here Beaumont Dial -a Ride Beaumont Police Beaumont/CV Water Dist Waste Management So California Gas Co So California Edison Co HICAP (Medicare Questions) Elder Abuse San Gorgonio Hospital Social Security Animal Control (PD) VETS Express IRS Hotline Medicare Senior Legal Hotline PRSRT STD US POSTAGE PAID BEAUMONT CA PERMIT NO. 39 951 - 769 -8532 951 - 769 -8500 951 - 845 -9581 800 423 -9986 800 -427 -2200 800 655 -4555 800 - 434-0222 800 -491 -7123 951 - 845 -1121 800 - 772 -1213 951 - 769 -5000 909 - 825 -7084 ex 2778 866 - 234 -2942 800 633 -4227 800 - 222 -1753 July & August 2011 Activity & On -Site Service Schedule Beaumont Senior Services- Albert A. Chatigny Community Center 1310 Oak Valley Pkwy, Beaumont, CA 92223 951 -769 -8539 Y _ CUSTOMER SERVICE DESK: Open daily from 8:00 a.m. to 4:00pm - to assist older adults and persons with disabilities, and their families, with information about local resources and ideas for critical decisions. For special home visits or help filling out forms, it is best to call (951) 769 -8539 in advance for an appointment. TELEPHONE REASSURANCE: Do you live alone? Let us call you daily for a cheerful "check -up." If you don't answer, w ill follow through to see "what's going on with you." Let us know if you are interested in getting a call. AARP - DRIVER SAFETY: The next class is the One Day Refresher Class on Thursday, August 111h from 9:30 am to 2:00 pm. The cost is $12 for an HARP Member and $14 for a Non - member per class participant. Proof of AARP Membershir) is reauiredl Please sign up in advance. Call (951) 769 -8539 for more dates and other locations. AARP classes are every other month alternating from the 2 day class to the 1 day refresher class. The next 8 hour Class at the Beaumont site is October 12 & 13th. Bereavement Group meets at the Chatigny Center on the 2nd & 4"' Fridays at 9:00 am. If you have lost a loved one, please come and join in. Sponsored by Chapman Hospice. (July 8th & 22nd and August 12'h & 261h BLOOD PRESSURE CHECK: 2n & 4 Wednesdays 10:30 to 11:30 in the Senior Center, July 13'h& 27th and August 10"' & 24"'. BIG BAND: Tuesdays 1:15- 4:15 p.m. - You are welcome to come in and enjoy the music. Bingo: Fridays 11:30 to 1:00- donations 50 cents per cardl No Daubers needed. Play for grocery items. CONSUMER FRAUD /IDENTITY THEFT (CARE Team): Fraud, identity theft, contractor disputes, telephone solicitors and other consumer issues. Call Vic for an appointment 1- 800 -476 -7506. Vicky will meet with you at the Beaumont Senior Cener on the 4h Monday 6of each month. CAREGIVERS SUPPORT GROUP: 1'T uesdays of each month from 1:00 p.m. to 2:30. Discuss care giving issues, share successful strategies with other caregivers. Facilitated by Kay Perryman, Program Director of Daybreak Adult Services (951)658 -7617. July 5 1h and August 2nd CROCHET & KNITTING: Wednesdays, 9:30 a.m. to 10:30 a.m. - a friendly get together for knit and crochet enthusiasts; exchange ideas, help each other solve problems. No charge, men welcome. EXERCISE CLASS: Monday, Wednesday and Friday from 8:00 a.m. to 9:00 a.m. Traditional and Mild Aerobics with instructions through an audio tape. No charge, new members welcome! *1_ FIT AFTER 50: Monday, Wednesday and Friday from 9:15 a.m. to 10:15 a.m. Exercise to increase strength, mobility, flexibility balance; protect against osteoporosis. Class leader is Connie Presson. New Members Welcome!! I No Charge for the Class. FINANCIAL SERVICES: By Appointment Only! On the first Monday of every month, free 1W half -hour consultations answering questions about investments, income taxes and managing your money. Call (951)769 -8539 for appointment July will be the 2nd Monday due to Holiday — July W, & August 1 . GARDEN CLUB: 2' Wednesday of each month, from: 1:00 p.m. to 4:00 p.m. Garden Club meets at City Hall 550 E. 6 Street. - -NO Garden club meeting June, July & August will resume in September. HICAP: 1st & 3rd Tuesdays, 9:30 y , a.m. to 2:00 p.m., July Sth b 19th and August 2nd &16'h. Call 1- 800 -434- 0222 with your questions. If you need a "face to face" with a counselor, they will schedule a time for you here at the Senior Services Office. i4% KNOW YOUR CAR: 4th Thursday the month, from 10:30 a.m. to 11:30 a.m. July 28d, & August 25th. Lively & informative class, repair issues, or information on buying a new car, by Robert Snyder, California Department of Consumer Affairs Bureau of Automotive Repair 1- 800 -952 -5210. No appointment needed. Movie Fridays —1:00 pm every Friday. Shown on a big screen. Air condition, comfortable chairs, popcorn light snacks and beverage, no charge, call for movie title. PARALEGAL by INLAND COUNTIES LEGAL SERVICES: Call 1- 888 - 245 -4257 or 951 - 320 -7500 for -, information if you have a legal question — if it cannot be resolved over the phone, you will be given an appointment. The Inland Counties Legal Services will only accept calls from seniors on Tuesdays and Thursdays, from 9.00 a.m. to 11 00 a.m. at 951-320-7500. Cindy comes to the Beaumont Senior Services office on the 4 Thursday of every other month at 1 pm. Her next visit is June 23d. Retired Senior Volunteer Program (RSVP ): Denise Cruz, Director will be available to talk to Seniors, 55+ interested in finding a volunteer position that best suits their individual talents, and answer questions that volunteers might have. Denise will meet with you at the Beaumont site b call the Beaumont Senior Services Office for more information 769 -8539. y appointment, QUILTERS: Wednesdays — 4:30 pm, now at the Chatigny Comm Lenter with the "special techniques" meetings held on the 3rd Wednesday of the month, 9:00 a.m. to 1p:tri. at Civic Center, 550E 6"' Street. Beaumont := SECOND HARVEST FOOD BANK: 3rd Tues., July 19"' & August 16a' - 10a.m. to12 noon. Food distribution for seniors 60 plus who live in the 92223 zip code (Beaumont & Cherry Valley Only!) (distribution stops at 12 noon). Albert Chatigny Community Center 1310 Oak Valley Parkway, Beaumont (GYM) WALKERS: Monday through Friday, mornings, 8 a.m. to 9 a.m., call (951)769 -8524. Walk in the gym to music climate - controlled (walking may be excluded on certain days) call ahead for those infrequent days. No charge. WATERCOLOR CLASS: Tuesdays 9 a.m. to 12 noon —at the Chatigny Community Center. These classes are conducted in a relaxed and informal atmosphere, and are open to all skill levels. Professional Instructor - Nominal fee applies. Instructor is on Vacation, will return in October but you are welcome to come and paint. *i)TAI CHI: Fridays 10am -11 am — Dee Cought instructs you how t rY y o achieve health, balance, and peace by exercising your mind, body, and spirit. These exercises consist of soft, slow, flowing continuous movements with no floor or "jumpy" activities. Just 2 rules: 1) No perfume or scents 2) Relax and enjoy. Cost is $15 monthly. Questions call Dee at (951)922 -9767. 6 years experience teaching! F 4 -C. 4_ Come and enjoy the City of Beaumoht's 5th Annual FREE Summer Concert Series beginning July 4th, 2011. Taking place at Stewart Park on 9th and Orange Streets in Beaumont. All concerts begin at 7pm. Bring your lawn chairs or blankets, your barbeques or picnics, and of course your family and friends!!! Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority Beaumont Charitable Foundation Beaumont Conservation Authority 550 E. 6th Street, Beaumont, California Workshop Session (5:00 p.m.) Regular Session (6:00 p.m.) Closed Session (after Regular Session) Tuesday, June 21, 2011 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" WORKSHOP Workshop Session began at 5:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor De Forge, Mayor Pro Tern Berg, Council Member Castaldo, Council Member Fox, Council Member Gall were present. 1) Western Riverside Council of Government (WRCOG) REGULAR SESSION Regular Session began at 6:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor De Forge, Mayor Pro Tern Berg, Council Member Castaldo, Council Member Fox, Council Member Gall were present. Invocation: Roy Polman — Grace Brethren Church Pledge of Allegiance: Presentation: Chief's Commendation — DA and Beaumont Detectives Adjustments to Agenda: None 1. COUNCIL REPORTS (This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor De Forge - Sundance Awards, Beaumont Youth Advisory Committee, Boys and girls Golf Tournament. b) Mayor Pro Tern Berg - RCTC update C) Council Member Castaldo — Market Night Update d) Council Member Fox - Nothing to report e) Council Member Gall — Nothing to report 2. CITY MANAGER REPORTS (City of Beaumont Core Values: Treat everyone right; Keep a customer service focus; Effective communication; Present opportunity; Operate like a great business, Eliminate bureaucratic solutions, Embrace positive change) a. Beaumont Charitable Foundation (made up of donations from citizens, employees and contractors) 1) Financial Update 2) Disc Golf Tournament Update b. Community Information and Local Project Update 1) Fire Service & Inspection 2) International Council of Shopping Centers C. Calendar of Events 1) July 4, 2011 — Independence Day Celebration — The Basix and Three Dog Night 2) Concerts in the Park a) July 13, 2011 —The Bangles b) July 20, 2011 —The Commodores C) July 27, 2011 — Kansas d) August 3, 2011 — Rick Springfield 3) 1St Wednesday of each Month — Beaumont Care Awareness Team 4) Second and Third Wednesday of Each Month — Story Time Cafe 5) Potential Summer Schedule for City Council Meetings — July 19, August 16, September 20 d. Rumor Control, and Report on Oral and Written Communications 3. CONSENT CALENDAR (This portion of the Agenda is for items that do not require a Public Hearing or discussion.) a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary b. Approval of the Minutes of the City Council Meeting June 7, 2011 C. Approval of the Warrant List for June 21, 2011. d. Denial of Claim — Oak Tree Alternative Care e. Denial of Claim — Alfredo Huerta f. Denial of Claim — Tony Anthony Avila g. Approval of One -Year Extension of Time on Tentative Tract Map No. 31843 & 32747 (Southerly of Jack Rabbit Trail and State Route 60) h. Approve the Emergency Management Contracts with Emergency Solutions Consulting and R & P Enterprises i. Approval of Final Maps and Subdivision Agreements for Tract Map Nos. 33096 -6 & 33096- 10 Located at the Southwest Corner of Potrero Blvd. and Highland Springs Avenue. j. Approval of Agreement and Project Progress Report for Tract 31426 — Aspen Creek (Located at the Southwest corner of Manzanita Park Rd. and Potrero Blvd — Energy and Water Conservation Agreement with RSI Land LLC and Authorize the Mayor to Execute subject to the City Attorney to make non - substantive changes. k. Approval of Increase in Waste Management Trash Collection Commercial Rates. Recommendation: Approval of the Consent Calendar as presented. Motion by Council Member Fox, Seconded by Council Member Berg to approve the Consent Calendar as presented. Vote: 510 4. ACTION ITEMS /PUBLIC HEARING /REQUESTS (This portion of the Agenda is for items that require a Public Hearing, discussion, and /or Council direction.) a. Employment Agreement Recommendation: Discuss and Approve an Agreement for City Manager Staff report was given by Joe Aklufi, City Attorney Speakers: Judy Bingham - Opposed Dan Hughes - In Favor Sean Balingit - In Favor Gail De Forge - In Favor Jim Walling - In Favor Jim Lester - In Favor Russ Bogh - In Favor Anita Worthen - in Favor Motion by Council Member Fox, Seconded by Council Member Berg to Approve the Agreement for the City Manager as presented. Vote: 4/1 (Council Member Gall voted no) b. Ordinance No. 972 Adopting the Recycled Water Facility Fee (Continued from (Continued from 8/2010 and again 3/15/11) Recommendation: Adopt Ordinance No. 972 at its second reading by title only, with the revised Recycling Water Fee per EDU based on the shared cost scenario. Staff report was given Kyle Warsinski, Staff Planner Open Public Hearing 7:23 p.m. Judy Bingham - Opposed Brett Bullard - Opposed Tommy Thompson - Neutral Dr. Blair Ball - Would like it to be tabled Tony Lara — Opposed Closed Public Hearing 7:36 p.m. Motion by Council Member Berg, Seconded by Castaldo to adopt Ordinance 972 at its second reading. Vote: 4/1 (Council Member Gall voted no) C. Ordinance No. 998 — Adding Chapter 17.13.040 "Prohibition on Reapplication after Revocation" for Unlicensed Group Homes. Recommendation: Hold a Public Hearing and Approve the 1St reading of Ordinance No. 998 as presented. Staff report was given by Kyle Warsinski, Staff Planner Open Public Hearing at 7:53 p.m. No Speakers Closed Public Hearing at 7:54 p.m. Motion by Council Member Berg, Seconded by Council Member Gall to approve the 1st reading as presented. Vote: 5/0 d. Initial Study /Mitigated Negative Declaration No. 11- MND -03 for the Oak Valley Parkway Roadway Improvement Projects & San Timoteo Bike Lane Project and Approval of the Project Progress Report Recommendation: Hold a Public Hearing; Adopt Mitigated Negative Declaration No. 11- MND-03; and Approve the Project Progress Report. Staff report was given by Kyle Warsinski, Staff Planner Open Public Hearing 7:56 p.m. No Speakers Closed Public Hearing 7:57 p.m. Motion by Council Member Gall, Seconded by Council Member Castaldo to Adopt Mitigated Negative Declaration No. 11- MND -03, and Approve the Project Progress Report as presented. Vote: 5/0 e. Capital Improvement Plan (CIP) Budget Recommendation: Hold a Public Hearing and Adopt the Capital Improvement Plan (CIP) Budget Staff report was given by Alan Kapanicas, City Manager Open Public Hearing 8:01 p.m. No Speakers Closed Public Hearing 8:02 p.m. Motion by Council Member Berg, Seconded by Council Member Fox to Adopt the Capital Improvement Plan (CIP) as presented. Vote: 5/0 f. Economic Stimulus Fee Adjustment Recommendation: Adopt Resolution No. 2011 -17 in order to continue with the same fee schedule that was established in 2009. Staff Report was given by Kyle Warsinski, Staff Planner. Motion by Council Member Fox, Seconded by Council Member Berg to adopt Resolution No. 2011 -17 as presented. Vote: 5/0 5. ORAL AND WRITTEN COMMUNICATIONS: Judy Bingham — Pod Cast John Halliwell — Transportation Gail De Forge — Pod Cast 6. CLOSED SESSION No Reportable Action Taken Closed Session to begin after regular session Place: City Manager Conference Room a. Pursuant to Government Code Section 54956.9(b) - Anticipated Litigation — Conference with Legal Counsel — Significant Exposure to Litigation 1) One Zoning Case b. Conference with Labor Negotiator — Pursuant to Government Code Section 54957.6 City Negotiator as Personnel Director, Alan Kapanicas Employee Organizations - Management Employees as Individuals C. Pursuant to Government Code 54956.9 (a)— Existing Litigation 1) Western Riverside Council of Governments vs City of Beaumont RIC 536164 2) Outdoor Media Group vs City 3) Oak Tree Alternative Care v. City of Beaumont RIC 1109687 4) Ochs v. City of Beaumont RIC 1100933 Adjournmenty4he City Council Meeting at 8:23 p.m. Respec II ub i Alan Kap icas City Manager AGENDA ITEM NO. 3 076069 - 076310 Checks EFT 573 -580 ACH EFT371 -385 Credit Card WARRANTS TO BE AUDITED CITY COUNCIL MEETING July 19, 2011 $2,098,917.02 $135,250.52 $16,345.17 Voids 076114, 076172, 076195, Payroll PPE 06/09/11 $ 407,958.74 PPE 06/23/11 $ 450,199.33 Mutual of Omaha PPE 06/09/11 $37,938.80 PPE 06/09/11 $564.23 PPE 06/23/11 $39,121.75 PPE 06/23/11 $761.94 Cal Pers PPE 06/09/11 $112,380.82 Ameriflex 06/13/11 $334.89 06/15/11 $60.00 06/21/11 $10.00 06/27/11 $9.11 07/05/11 $20.00 Affant 07/01/11 $1,585.49 I DO HEREBY CERTIFY THIS WARRANT LIST HAS BEEN COMPILED AND PREPARED TO MEET THE DAILY OPERATIONS FOR THE FISCAL YEAR JULY 1, 2011 TO JUNE 30, 2012. / SIGNATURE: 1�✓ �C I'//��� ' TITLE: �S C' �� /,�qr" City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 076069 06/17/2011 GREENFEAT 4,525.00 SERVICES 076070 06/17/2011 WALDEN MEDIA PRODUCTIONS 41,016.00 SERVICES 076071 06/17/2011 BLAIR M BALL O.D. 329.00 SERVICES 076072 06/17/2011 KAD PAVING COMPANY 53,298.00 SERVICES 076073 06/17/2011 MAMCO, INC 65,076.70 SERVICES 076074 06/17/2011 INTERNATIONAL CRIME FREE Ar 250.00 TRAINING 076075 06/17/2011 AAA HAULAWAY 1,818.00 SERVICES 076076 06/17/2011 ACES ANIMAL CARE 323.69 SUPPLIES 076077 06/17/2011 AMERICAN FORENSIC NURSES 48.00 SERVICES 076078 06/17/2011 AMERICAN RED CROSS 290.00 SERVICES 076079 06/17/2011 ANGEL'S BASEBALL LP 625.00 DAY CAMP TRIP 076080 06/17/2011 ARROWHEAD 60.88 SUPPLIES 076081 06/17/2011 ASCO SERVICES INC. 6,767.00 SUPPLIES 076082 06/17/2011 AUTOZONE 61.74 SUPPLIES 076083 06/17/2011 BEAUMONT INTERACT CLUB 630.00 SERVICES 076084 06/17/2011 BEAUMONT- CHERRY VALLEY W/ 1,080.84 SERVICES 076085 06/17/2011 BEAUMONT POLICE OFFICERS P 2,100.00 DUES 076086 06/17/2011 BPS TACTICAL INC 530.00 SUPPLIES 076087 06/17/2011 BRIAN'S LIVE BEE REMOVAL SEF 200.00 SERVICES 076088 06/17/2011 CALIFORNIA LICENSED PHLEBO' 740.00 SERVICES 076089 06/17/2011 CDW GOVERNMENT, INC. 228.35 SUPPLIES 076090 06/17/2011 CHERRY VALLEY NURSERY 393.70 SUPPLIES 076091 06/17/2011 CINTAS CORPORATION #150 843.83 UNIFORM 076092 06/17/2011 CITY OF BANNING 1,884.00 SERVICES 076093 06/17/2011 CITY OF CALIMESA 322.00 SERVICES 076094 06/17/2011 HOWARD CLASEN 1,114.50 SERVICES 076095 06/17/2011 CONSOLIDATED ELECTRICAL DI: 85.85 SUPPLIES 076096 06/17/2011 DANGELO CO. 7.99 SUPPLIES 076097 06/17/2011 DC FROST ASSOCIATES, INC 710.00 SERVICES 076098 06/17/2011 DEPARTMENT OF JUSTICE 1,634.00 SERVICES 076099 06/17/2011 DOG NOSE I.D. 815.74 SUPPLIES 076100 06/17/2011 E.S.BAB000K & SONS, INC. 10,400.00 SERVICE 076101 06/17/2011 ECS IMAGING, INC. 7,900.00 SERVICES 076102 06/17/2011 EMPLOYMENT DEVELOPMENT 0 1,371.00 SERVICES 076103 06/17/2011 GALLADE CHEMICAL,INC. 1,025.00 SUPPLIES 076104 06/17/2011 GALLS, AN ARAMARK COMPANY 363.93 SUPPLIES Printed 07/11/2011 2:51:12PM Page 1 of 7 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 076105 06/17/2011 GENERAL GOVERNMENT 5,927.00 SERVICES 076106 06/17/2011 GOTHIC GROUNDS MANAGEMEP 10,925.00 SERVICES 076107 06/17/2011 GREENWOOD'S UNIFORMS 695.15 SUPPLIES 076108 06/17/2011 HACH COMPANY 5,911.44 SUPPLIES 076109 06/17/2011 HEITING & IRWIN 330.00 SERVICES 076110 06/17/2011 HOME DEPOT /CREDIT SERVICE: 337.18 SUPPLIES 076111 06/17/2011 HOWARD'S WEED ABATEMENT 8,922.00 SERVICES 076112 06/17/2011 HUNTINGTON COURT REPORTEI 1,714.10 SERVICES 076113 06/17/2011 INDUSTRIAL CHEM LABS 969.21 SUPPLIES 076115 06/17/2011 KNORR SYSTEMS INC. 320.71 SUPPLIES 076116 06/17/2011 KOLA FM 5,060.00 SERVICES 076117 06/17/2011 KUSTOM SIGNALS,INC. 450.00 SUPPLIES 076118 06/17/2011 LANGUAGE TESTING INTERNATI 90.00 SERVICES 076119 06/17/2011 L.E.A.C. AWARDS 50.00 MEETING 076120 06/17/2011 LEARNING 4 LIFE 161.00 DUES 076121 06/17/2011 LIN LINES, INC 3,175.20 SERVICES 076122 06/17/2011 MAGNATAG - VISABLE SYSTEMS 709.74 SUPPLIES 076123 06/17/2011 MATICH CORPORATION 308.88 SUPPLIES 076124 06/17/2011 NAPA AUTO PARTS 327.57 SUPPLIES 076125 06/17/2011 NISSHO OF CALIFORNIA INC 4,184.00 SERVICES 076126 06/17/2011 PACIFIC ALARM SERVICE 337.00 SERVICE 076127 06/17/2011 PARKHOUSE TIRE, INC. 205.54 SUPPLIES 076128 06/17/2011 POLYDYNE, INC. 5,428.00 SUPPLIES 076129 06/17/2011 POMAAUTOMOTIVE FUELING IN, 3,560.48 FUEL 076130 06/17/2011 QUILL CORPORATON 1,441.91 SUPPLIES 076131 06/17/2011 RAMONA HUMANE SOCIRTY INC 6,005.83 SERVICES 076132 06/17/2011 ROMBERG TREE SERVICE 3,370.00 SERVICES 076133 06/17/2011 S.A MOBIL CARWASH AND DETAI 1,302.00 SERVICES 076134 06/17/2011 SCOTT FAZEKAS & ASSOCIATES 6,399.26 SERVICES 076135 06/17/2011 SGP DESIGN AND PRINT 1,880.00 SUPPLIES 076136 06/17/2011 SIRCHIE 111.24 SUPPLIES 076137 06/17/2011 SOUTHERN CALIF.EDISON 53,432.80 UTILITIES 076138 06/17/2011 SPORTSTUFF 520.00 SUPPLIES 076139 06/17/2011 SPRINT 1,661.60 SERVICES 076140 06/17/2011 STAGECOACH TOWING 260.00 SERVICES 076141 06/17/2011 STATER BROS GENERAL OFFICE 256.27 SUPPLIES 076142 06/17/2011 SUN BADGE CO. 511.25 SERVICES Printed 07/11/2011 2:51:14PM Page 2 of 7 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 076143 06/17/2011 TELEPACIFIC COMMUNICATION 2,624.63 SERVICES 076144 06/17/2011 THE GAS COMPANY 109.57 UTILITIES 076145 06/17/2011 THE RECORD GAZETTE 113.45 SERVICES 076146 06/17/2011 THYSSENKRUPP ELEVATOR CO[ 350.00 SERVICES 076147 06/17/2011 TYLER WORKS 8,356.60 SERVICES 076148 06/17/2011 UNITED WAY OF THE 81.00 DONATION 076149 06/17/2011 VERIZON CALIFORNIA 3,150.52 PHONE 076150 06/17/2011 VERIZON 21.06 PHONE 076151 06/17/2011 VOYAGER 33,227.91 FUEL 076152 06/17/2011 WASH MASTER 326.00 SERVICES 076153 06/17/2011 WEST COAST LIGHTS & SIRENS 810.00 VEHICLE MAINTENANCE 076154 06/17/2011 DEREKAWILLIAMS 825.00 SERVICES 076155 06/17/2011 WRIGHT SEPTIC 2,000.00 SERVICES 076156 06/17/2011 SEIU 1,272.00 DUES 076157 06/17/2011 TASO TECH, INC 5,442.83 SUPPLIES 076158 06/24/2011 JOSE ALFARO 40.00 REFUND 076159 06/24/2011 AMERICAN FORENSIC NURSES 96.00 SERVICES 076160 06/24/2011 ANTIMITE 52.00 SERVICES 076161 06/24/2011 BARNES DISTRIBUTION 210.83 SUPPLIES 076162 06/24/2011 BEAUMONT MOTORCYCLES, LL( 1,358.08 SERVICES 076163 06/24/2011 BOUNCING WORLD AND PARTY 1 75.00 RENTAL 076164 06/24/2011 CDW GOVERNMENT, INC. 3,957.53 SUPPLIES 076165 06/24/2011 CINTAS CORPORATION #150 239.11 SERVICES 076166 06/24/2011 HOWARD CLASEN 2,516.50 SERVICES 076167 06/24/2011 COMSERCO 845.00 SERVICES 076168 06/24/2011 ENVIRONMENTAL WATER SOLUI 7,978.98 SERVICES 076169 06/24/2011 FEDEX 188.97 SHIPPING 076170 06/24/2011 GALLS, AN ARAMARK COMPANY 438.41 SUPPLIES 076171 06/24/2011 GBH COMMUNICATIONS, INC 191.49 SUPPLIES 076173 06/24/2011 GREENWOOD'S UNIFORMS 296.30 UNIFORM 076174 06/24/2011 JOHNSON POWER SYSTEMS 3,475.22 SUPPLIES 076175 06/24/2011 LANGUAGE TESTING INTERNATI 180.00 SERVICES 076176 06/24/2011 LEXISNEXIS 148.00 SERVICES 076177 06/24/2011 LLOYD COPLELAN GARAGE DOC 85.00 SERVICES 076178 06/24/2011 MOTOSAT 299.00 SERVICES 076179 06/24/2011 NEXTEL COMMUNICATIONS 150.61 PHONE SERVICES 076180 06/24/2011 PCS PROFESSIONAL CONSTRUC 720.00 SERVICES Printed 07/11/2011 2:51:14PM Page 3 of 7 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 076181 06/24/2011 PERRIS REALTY 166.37 REFUND 076182 06/24/2011 PHOENIX GROUP 28.00 SERVICES 076183 06/24/2011 PRE -PAID LEGAL 882.60 PREMIUMS 076184 06/24/2011 PRUDENTIAL OVERALL SUPPLY 122.06 UNIFORM 076185 06/24/2011 JOSH PRUIKSMA 364.47 REFUND 076186 06/24/2011 PURCHASE POWER 2,039.98 SERVICES 076187 06/24/2011 QUILL CORPORATON 302.37 SUPPLIES 076188 06/24/2011 RIVERSIDE COUNTY SHERIFF'S 253.18 SERVICES 076189 06/24/2011 RIVERSIDE COUNTY SHERIFF'S 413.76 SERVICES 076190 06/24/2011 S.A MOBIL CARWASH AND DETAI 472.00 SERVICES 076191 06/24/2011 SHELBY AUTO GLASS 195.50 VEHICLE MAINTENANCE 076192 06/24/2011 SIEMENS ENERGY & AUTOMATIC 2,650.14 SERVICES 076193 06/24/2011 SPRINT 817.61 PHONE 076194 06/24/2011 STATEWIDE TOWING 336.00 SERVICES 076196 06/24/2011 THE GAS COMPANY 419.38 UTILITIES 076197 06/24/2011 TLMA ADMINISTRATION 789.72 SERVICES 076198 06/24/2011 TULE RANCH /MAGAN FARMS 20,103.45 SERVICES 076199 06/24/2011 TYLER WORKS 50.00 SERVICES 076200 06/24/2011 UNION BANK OF CA., N.A. 16,145.26 SERVICES 076201 06/24/2011 UNION PACIFIC RAILROAD 3,777.22 SERVICES 076202 06/24/2011 UTILITY PARTNERS 1,420.77 SERVICES 076203 06/24/2011 VERIZON CALIFORNIA 305.47 PHONE 076204 06/24/2011 VERIZON 0.58 PHONE 076205 06/24/2011 WEST COAST LIGHTS & SIRENS 1,186.14 SUPPLIES 076206 06/24/2011 TASER INTERNATIONAL 900.00 SERVICES 076207 06/24/2011 TASO TECH, INC 3,360.00 SERVICES 076208 06/30/2011 WALDEN MEDIA PRODUCTIONS 41,900.00 BANGLES, JULY 13, 2011 076209 07/01/2011 AIR & HOSE SOURCE 3.58 GROUNDS SUPPLIES 076210 07/01/2011 ROBERTAMBRIZ 40.00 REFUND 076211 07/01/2011 ARROWHEAD 171.32 SEZ\4ceS 076212 07/01/2011 CITRUS BELT ICC 25.00 MEMBERSHIP 076213 07/01/2011 CREATIVE BUS SALES, INC 45.87 TRANSIT SUPPLIES 076214 07/01/2011 CSG SYSTEMS 8,536.43 UTILITY BILLING INSERTS 076215 07/01/2011 REBECCA DEMING 567.01 PER DIEM 076216 07/01/2011 DEPARTMENT OF TRANSPORTAI 6,440.76 SIGNALS & LIGHTING 076217 07/01/2011 ECS IMAGING, INC. 5,183.00 ANNUAL RENEWAL 076218 07/01/2011 SIERRA ESPUDO 40.00 DEPOSIT REFUND Printed 07/11/2011 2:51:14PM Page 4 of 7 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 076219 07/01/2011 Gosch 282.69 AUTO PARTS 076220 07/01/2011 NORMA ISLAS 40.00 DEPOSIT REFUND 076221 07/01/2011 ITT WATER & WASTEWATER 2,058.00 WWTP 076222 07/01/2011 KAD PAVING COMPANY 5,922.00 RETENTION FOR INVOICE 076223 07/01/2011 LIFE ASSIST 400.63 FIRE DEPT SUPPLIES 076224 07/01/2011 LIFESPRING CHURCH 40.00 DEPOSIT REFUND 076225 07/01/2011 NAPA AUTO PARTS 747.45 SUPIPLICS 076226 07/01/2011 QUYNH NGUYEN 75.00 BUSINESS LIC REFUND 076227 07/01/2011 PACIFIC ALARM SERVICE 262.50 FIRE ALARM SERVICE 076228 07/01/2011 PADGETT'S CLEANING 3,264.89 CONTRACT SERVCIES 076229 07/01/2011 PROFORMA 505.00 BUS TICKET BOOKS 076230 07/01/2011 PRUDENTIAL OVERALL SUPPLY 280.01 TRANSIT UNIFORMS 076231 07/01/2011 QUALITY PLUMBING, INC. 1,650.00 REPAIR 076232 07/01/2011 QUILL CORPORATON 983.56 OFFICE SUPPLIES 076233 07/01/2011 SAND TRAP SPORTS BAR & GRII 750.00 NEW YEAR'S PARTY 076234 07/01/2011 MAGGIE SCOTT 40.00 DEPOSIT REFUND 076235 07/01/2011 SKS,INC. 1,197.03 FUEL 076236 07/01/2011 SOUTH COASTA.Q.M.D. 1,651.82 ANNUAL OPERATING FEES 076237 07/01/2011 SWAINS ELECTRIC 3,744.75 ELECTRIC MOTOR 076238 07/01/2011 THE GAS COMPANY 47.05 NATURAL GAS 076239 07/01/2011 VERIZON CALIFORNIA 163.67 PHONE SERVICE 076240 07/01/2011 WILDERMUTH ENVIRONMENTAL 9,742.65 CONTRACAT SERVICES 076241 07/01/2011 ZOLL MEDICAL CORPORATION 313.56 SUPPLIES 076242 07/01/2011 COMMUNITY BANK 25,190.98 CONTRACT SERVICES 076243 07/01/2011 TASO TECH, INC 3,360.00 IT CONTRACT SERVCIES 076244 07/01/2011 LOS ANGELES ENGINEERING 478,628.62 POTRERO BRIDGE CONTRACT 076245 07/06/2011 Customs and Border Protection 664,000.00 Oak Tree Alternative 076246 07/06/2011 CHRISTOPHER HARWOOD 1,472.42 CASH OUT 076247 07/08/2011 AUDITOR CONTROLLER 6,293.07 LAFCO 076248 07/08/2011 FUN JUMP 1,400.00 RENTALS 076249 07/08/2011 MUTUAL OF OMAHA 530.00 ADMIN FEES 076250 07/08/2011 RIVERSIDE COUNTY INFORMATI, 112.56 SERVICE 076251 07/08/2011 SOUTH COASTA.Q.M.D. 112.85 EMISSION FEES 076252 07/08/2011 VERSARE SOLUTIONS, INC 32,000.00 PD SUPPLIES 076253 07/08/2011 AISG, ISO SERVICES, INC 25.65 INSURANCE SERVCIE 076254 07/08/2011 AJ ENTERPRISE 1,114.03 SHIRT ORDER - SUMMER CONCERT 076255 07/08/2011 WILLIAM AYLWARD 2,390.86 YR END PARTY Printed 07/11/2011 2:51:14PM Page 5 of 7 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 076256 07/08/2011 BANNING VETERINARY HOSPITA 316.50 VET SERVICES 076257 07/08/2011 BDLALARMS 330.00 ANNUMAL MONITORING 076258 07/08/2011 BEAUMONT - CHERRY VALLEY WI 109,230.61 WATER BILLS 076259 07/08/2011 BIO -TOX LABORTORIES 975.00 BLOOD DRAWS 076260 07/08/2011 C & A JANITORIAL SERVICES 5,527.20 MONTHLY SERVICE 076261 07/08/2011 CABEC 250.00 MEMBERSHIP 076262 07/08/2011 CALPERS, FBO WARREN J SCHI` 39,635.67 SERVICE CREDIT PURCHASE 076263 07/08/2011 CDW GOVERNMENT, INC. 492.78 RECORDER 076264 07/08/2011 CINTAS CORPORATION #150 522.81 SUPPLIES 076265 07/08/2011 COMSERCO 514.00 SERVICE 076266 07/08/2011 CUSTOM TROPHIES 14.14 NAME PLATE 076267 07/08/2011 DEPARTMENT OF CONSERVATIC 1,007.12 STRONG MOTION 076268 07/08/2011 DIRECTV 86.99 TV SERVICE 076269 07/08/2011 EVENT SERVICES 739.50 RENTAL 076270 07/08/2011 FIRST STREET STORAGE 537.30 STORAGE RENTAL 076271 07/08/2011 FRED PRYOR SEMINARS /CAREE 299.00 TRAINING 076272 07/08/2011 GENERAL GOVERNMENT 3,708.00 CONTRACT SERVCIES 076273 07/08/2011 GREENWOOD'S UNIFORMS 79.90 UNIFORMS 076274 07/08/2011 HOME DEPOT /CREDIT SERVICE; 86.87 SUPPLIES 076275 07/08/2011 HUMAN RESOURCE SERVICES 673.65 TIME AND LABOR ONLINE 076276 07/08/2011 HUNTINGTON COURT REPORTEI 2,872.24 TRANSCRIPT SER VICE 076277 07/08/2011 INNOVA DISC GOLF 711.00 GOLF DISC 076278 07/08/2011 JODI JOEL 157.00 REFUND 076279 07/08/2011 JOHNSON POWER SYSTEMS 11,745.00 SERVICE RENTAL 076280 07/08/2011 LEE'S AUTO BODY 1,550.87 AUTO REPAIR 076281 07/08/2011 THE LIFEGUARD STORE, INC 601.20 POOL SUPPLIES 076282 07/08/2011 MOTOSAT 299.00 SERVIC ES 076283 07/08/2011 MUTUAL OF OMAHA 630.00 ADMIN FEES 076284 07/08/2011 NATIONAL CODE SERVICES ASS 50.00 TRAINING 076285 07/08/2011 PACIFIC ALARM SERVICE 294.00 ALARM SERVICE 076286 07/08/2011 POLYDYNE, INC. 2,576.00 WWTP 076287 07/08/2011 PRECISION LOCKER 929.92 LOCKERS 076288 07/08/2011 PRINTING & PROMOTION PLUS, 316.18 CHECKS 076289 07/08/2011 PROFORMA 1,445.00 INSPECTIONS 076290 07/08/2011 QUILL CORPORATON 415.66 OFFICE SUPPLIES 076291 07/08/2011 REVENSGATE CORPORATION 995.00 SUPPLIES 076292 07/08/2011 RIVERSIDE COUNTY INFORMATI, 112.56 COMMUNICATION TECH TRANSMISSI Printed 07/11/2011 2:51:14PM Page 6 of 7 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: 076293 07/08/2011 RIVERSIDE COUNTY EXPLORER 1,675.00 REGISTRATION FEE 076294 07/08/2011 SAFELITE FULFILLMENT INC. 210.89 VEHICLE REPAIR 076295 07/08/2011 SGP DESIGN AND PRINT 458.00 PLANNING SUPPLIES 076296 07/08/2011 SOUTH COASTA.Q.M.D. 719.97 ANNUAL OPERATING FEES 076297 07/08/2011 SOUTHERN CALIF.EDISON 62,608.12 ELECTRICTY 076298 07/08/2011 SOUTHWEST NETWORKS INCOF 162.91 PD SUPPLIES 076299 07/08/2011 STAPLES CREDIT PLAN 67.40 OFFICE SUPPLIES 076300 07/08/2011 SUN BADGE CO. 102.50 BADGES 076301 07/08/2011 THE RECORD GAZETTE 66.53 ADVERTISING 076302 07/08/2011 THE SASH COMPANY 175.45 PAGEANT SUPPLIES 076303 07/08/2011 UTILITY PARTNERS 2,486.00 PUMP STATION MONITORING 076304 07/08/2011 VERIZON CALIFORNIA 573.31 TELEPHONE SERVICE 076305 07/08/2011 WAL -MART COMMUNITY 639.11 SUPPLIES 076306 07/08/2011 LET'S HAVE A PARTY 135.72 YR END PARTY SUPPLIES 076307 07/08/2011 J.F. SHEA CONSTRUCTION INC 34,868.05 CONTRACT SERVES 076308 07/08/2011 FRANCIS COE 106.02 BLUE TOOTH 076309 07/08/2011 PITNEY BOWES 152.37 POSTAGE RENTAL 076310 07/08/2011 TASO TECH, INC 3,360.00 IT CONSULTING SERVICES 2,098,917.02 Printed 07/11/2011 2:51:14PM Page 7 of 7 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: EFT000573 06/17/2011 ELITE COMPANIES US, INC. 59,345.42 SERVICES EFT000574 06/17/2011 JAMES NEHMENS 5,000.00 SERVICES EFT000575 06/24/2011 BEAUMONT ELECTRIC INC. 862.50 SERVICES EFT000576 06/24/2011 STEVE MOORE COMMUNICATIOI 2,225.00 SERVICES EFT000577 07/01/2011 BEAUMONT ELECTRIC INC. 35,339.60 OLD TOWN BEAUMONT STREET LIGHT EFT000578 07/01/2011 RICHARD COOK 3,579.00 CONTRACT SERVICES- EOS EFT000579 07/01/2011 MITCHELL WHITE 3,579.00 CONTRACT SERVICES - EOS EFT000580 07/08/2011 AKLUFI AND WYSOCKI 25,320.00 ATTORENY SERVICES 135,250.52 Printed 07/11/2011 2:51:55PM Page 1 of 1 City of Beaumont Vendor Check Register Check Number Check Date Vendor Check Name Amount Description: EFT000000000371 06/17/2011 ALL PURPOSE RENTALS 440.39 SUPPLIES EFT000000000372 06/17/2011 BEAUMONT TIRE 1,417.75 VEHICLE MAINTENANCE EFT000000000373 06/17/2011 BEAUMONT ACE HOME CENTER 450.10 SUPPLIES EFT000000000374 06/17/2011 BEAUMONT SAFE & LOCK 251.75 SERVICES EFT000000000375 06/17/2011 CHERRY VALLEY AUTOMATIVE 317.68 VEHICLE MAINTENANCE EFT000000000376 06/17/2011 DIAMOND HILLS AUTO GROUP 1,331.68 VEHICLE MAINTENANCE EFT000000000377 06/17/2011 GOPHER PATROL 2,867.00 SERVICES EFT000000000378 06/17/2011 GORM, INC. 3,680.24 SUPPLIES EFT000000000379 06/17/2011 HIGH TECH IRRIGATION,INC. 1,281.37 SUPPLIES EFT000000000380 06/17/2011 XEROX CORPORATION 2,607.48 SERVICES EFT000000000381 06/24/2011 ARAMARK 406.25 SUPPLIES EFT000000000382 06/24/2011 BEAUMONT TIRE 157.58 VEHICLE MAINTENANCE EFT000000000383 06/24/2011 CHERRY VALLEY AUTOMATIVE 44.30 VEHICLE MAINTENANCE EFT000000000384 06/24/2011 DIAMOND HILLS AUTO GROUP 912.60 VEHICLE MAINTENANCE EFT000000000385 06/24/2011 PITNEY BOWES 179.00 SERVICES 16,345.17 Printed 07/11/2011 2:51:37PM Page 1 of 1 CLAIM FORM CITY OF BEAUMONT 550 East Sixth Street ! CITY O: Beaumont, California 92223----,.-- w Telephone: 951 - 769 -8520 Fax 951 - 769 -8525 1. Date this Claim form was filled out: 6/ — — - C // 2. Name of Claimant: 3. Mailing Address of Claimant: zq 4 S I 5 61 Mailing Address to which Claimant desires notices to be sent: The date of the occurrence or transaction which gave rise to the Claim: The place of the occurrence or transaction which gave rise to the Clair-q: A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be kn wn to the Claiman : (attach additional sheets if necessary) o ( L� /C, / V c '�%��y�i�F��c�►���,o ��s� C��s��ti�� SST ,�� �� ,� The name or names of the public employee or employees causing the,iniurv, dam ge, or loss, if known: �, ��C;� cG�� - The amount of the Claim: $ f, ATTACH SUPPORTING INFORMATION I hereby declare, under penalty of perjury under the laws of the Sta %'of Cal, information presented in this claim is true and correct. / 10. Claimant's signature: Print Name: Date this Claim is signed: //� Claimant's phone number: �_ Roger W. Schultz, Ph.D. S SuperintendentlPresident Board of Trustees Eugene V. Kadow Dorothy J. McGargill Mt. San Jacinto Community College District Ann Matte 1499 N `;r.te tit- Gwen Schlange Joan F. Sparkman .June 29, 201 1 Beaumont Redevelopment A,encN. Redevelopment Manager 550 E. 6`I' Street Beaumont, CA 92223 RE: Beaumont Redevelopment Agency Required Change io Stutruory Put-rrrer7t C 'C1lClllCrtion To whom in may concern. We write to notify Vott ofa required changc to the RDA's calculation ol'statutory payments to the Mt. San Jacinto Community C'011c(e District (-'District ") pLU"suant to Health and Safety Code sections X3607.5 and 33607.7 (coilectively. '-Statutory Payments -). This chant!e reflects a recent appellate court decision, Lo., . ingelc,s t .nilicti.lchool District r- CounlY of Los .ingeles, et al (2010) 181 Cal.App.4th 414 ("L,H -,V) Decision -), finding that RDAs improperly excluded Education Revenue ALI-mentation Fund payments in calculating the Los Angeles Unified School District's share ol'Statutory Pavments. The California Supreme Court has denied a petition for review by the RDAs. making the L.1 t1.S'1) Decision of precedential effect statewide. As you know. the RDA allocates Statutory Payments to the District in "proportion to 117e 17erce171u,(,1c -shore ofl7roI7er•tt, tuxc each aftccted tax in", ell tIIV...rcceiVCS dtu-ing the fiscal year the funds are allocated.- (.Sec HSC' 13607.5. suhd.(a)(2).) The L. 1( .SI) decision clarifies that RDAs must include ERAF p;lvnicnis in the District`s " percentaue share of property taxes' when calculating Statutory Pavments. Therefore, pursuant to the LAU,; 1) decision. the RDA must incorporate F,RAF payments into its payment calculations in two wavy: (1) Prospectively. beginnims \+ pith StatutOl-V Payments for the ?010 -201 l fiscal vear and continuing for all filture payments, and (ii) Retrouctivell% re(Iuirias the RDA to reimburse the District for the difference in payments for at least the three prior fiscal years 2009 -10. 2008 -09. and 2007 -08. (See Cal. Code Civ. Proc. 3 338.) San Jacinto Campus 4 Menifee Valley Campus San Gorgonio Pass Campus Temecula Education Complex 1499 N. State Street 28237 Le Piedra Road 3144 West Westward Avenue 27447 Enterprise Circle West San Jacinto, CA 92583 Menifee, CA 92584 Banning, CA 92220 Temecula, CA 92590 951.487.6752 951 672.6752 951.922.1327 951.308.1059 A review ol'our records indicates that the RDA has vet to incorporate these changes into the District's Statutory Payments. Accordingly. the District requests that: I ) the RDA immediately modify its Statutory Payment calculations to include FlRAI' payments; and 2) reimburse the District for any amounts described in (1) and (ii) above. within 90 days from receipt of this letter. In making your reimbursement payments. vv e ask that you identify the payments /reimbursement amounts for each corresponding fiscal year and provide documentation showing the methodology used to calculate hoth retroactivc and future payments. This letter constitutes the District -.s demand for delinquent binds for purposes of statutory time limits and the Government Claims Act. ii- applicable. The District values its relationship �,uli the RDA and hopes to resolve this matter quickly and amicably. If you have any questions or require additional information. please contact Beth Gomez, Dean of Business Services at ( 95 1) 487 -3040. Sincerely, , .J t RoLkr Schultz, Pb. D. r Superintendent /President Mt. San Jacinto College District CLAIM FORM RECEIVED City of Beaumont CITY OF BEAUMONT 550 East Sixth Street 30 2011 Beaumont, California 92223 P;Aft Wo" Dall�) Telephone. 951-769-8520 Fax 951-769-8525 pt 1. Date this Claim form was filled out, 2. Name of Claimant. 3. Mailing Address of Claimant: 4. Mailing Address to which Claimant desires notices to be sent: 5. The date of the occurrence or transaction which gave rise to the Claim: Z, 1/ 6. The place of the occurrence or transaction which gave rise to the Claim: 3L 7. A general description of the indebtedness, obligation, 1 ni L4 ry, damage or loss incurred so far as it may be known to the Claimant: (attach additional sheets if necessary) M The name or names of the public employee or employees causing the injury, clarnage;,or, loss, if known: 9. The amount of the Claim: $ ATTACH SUPPORTING INFORMATION hereby declare, under penalty of perjury under the laws of the State of California, that the information presented in this claim is true and correct. C 10, Claimant's signature: Print Name: ,4 Date this Claim is signed: Claimant's phone number: "a [N t Anil AW � 4 i yp /J xr 'r T c1.,!�- %...... v �rl,,, ?W� C}- !_..w.,Y � ,,. -' - +%.... Y :" _ � - 4.. -'- ' f✓P .,._ .s:. ��Y . ��'t -L;�' ��" `__r s�� ... _ _... v, ' 1. / f �-k.. �_. -�.. �....',.�: ..,w- Ys.,: -'✓ f �*`.. -- - ' :..:�,.. �/? ;,.., � '_�� � �'�:.'.: h_.. �,,/....:.. ��,..- ti...,, � �s t � w..�tif^4— ""'�•:� t. -x."� 2 ,..+1,_.- t� f "' -�. -,f t j`.a...vj' `� K . ,/�� �{ / �.« "J .....✓ � ` / k` �..�.Y. .. on ( 9 Lf'�•�' (..E ..`.. -� l`__ t.�� �'.� `"�:. " .... _.. ..., �( y� uSl.... ..>. ..✓:. , i k ..... ._.... ... _ .. ... .. _ ..... .... .... r R !1 5 N !v`,SJ -.'K.� '..W✓r ,v��.. ....i 't�' �� ..,..,. J �� ` #�..,. `�. ! �-e4`i �-_! .. �._.!� �%.. '4�...ff�� A�L�-� �...,%�i+::IS,�I. . 3 s / { pp ( f Anumalm, WI Lot W;vv.J,- a t - x p t r. d r t q ,. . /t- 4t_ -✓ 1 S% ✓C�L -,��{ •..rat . « V.:t� Ir 1 fit ✓ ' 5.. / s f2, .k'�, :.,.•'� `ts`, "% 1�--.. , / , Kv.... t _ .�- i.,��r _ . —.L ✓ - w;'r.. _..'.. -.> i, �`k- ..�'.'- .,'�.<, ... _.... ..... .... � /''/ '✓. ;. .✓ G"'�� ;�:�_ 9�., 1 I _ � . /.,�r "s -3; _ .r �. /,S.- ��f ✓.Y..I ,� E ,'it�._� �W .S.r'"l. a_.'' 4./C! _ __ .. _ - s ,j""y J j G i 1 � f .. �1..��if }� �..�. -r l...y '{.?E�?�t J.. .. .5 � ,�, `., ... ......y _...., ,..i..� .w ^.--t. i✓i''..'"�.,�i'�.�' �..�. �s� -- ''_J'.�?f .��s... .., g From: 06/29/2010 14:01 19517692526 06/2912011 14:31 t861 P.001/001 3j CITY OF BEALHE T PAGE 01/01 RECEIVED City of Beaumont CLAIM FORM JUi 3 9 2011 CITY OF BEAUMONT 550 East St*xth S met Beaumont, Califaraia 92223 P1 "ic Works DVt. Telephone: 951 - 7698520 Fax 951769 -8525 1. Date this Claim form was filled out: _ d,/Z i 2. Name of Claimant: 3. Mailing Address of t 4. Mailing Address to which Claimant desires notices to be sent: S. The date of tt)e occurrence or transaction which gave rise to the Claim: 6. The p�ce of the cecurrenei or transaction which gave rise to the Claim: 7. A general description of the indebtedness, obligation. Injury, damage or loss incurred so far it ay known to the Claimant• (attach additi nai sheets if necessary-) INC&rcA Mr Rosa TA �ru _ A d„r. I 1 8. The name or names of the public employee or employees causin the jury, damage, or loss, if known. �- 9. The amount of the Claim: $ 7W &"l epprox If_. oi_poo ATTACH stwPORTIN6 INFORMATION I hereby declare, under penalty of perjury tinder the laws of the 5 to of California, that the fnivrmatien premnted in this dalm is true and correct. 10. Claimant's signature: Print Name: Date this Claire is signed: 1 f Claimant's phone number: eX a©c( rc1: 61129 13:14 #860 P.002?002 BAUMAN LOEWE WITT & MAXWELL ,M ,I?rofessioiaaCLimited Lia6ifi'ty Company? REPLY T©: SCoTrSDALE C7FFICE i EI_F. PHo;`S %_: 4,90. 5j 2.4664, EXT, 4? 09 CARL A. GUERRIERI EMAIL: CGUERRIER!C- 8L.WLAW1 RM.CONI i_ICFN9EO N A? 1L.r:. No. 3001-2'S 1 5 VIA 1{ACSIMII.,E AND U.S. AIAIL (951) 769 -8526 City of Beaumont Claims Department 550 E. 6 °t Street Beaumont, California 92223 June 29, 2011 RECEIVED City of Beaumont Re: Our Client: Hartford Insured: I lartford Claim No.: Insuring Entity: Date of Loss: Loss Location: Dear C11urns Manager: JUN 292011 1 i;1_,7K[AT...7 ►.,__ 1,, ;.. Hartford Insurance Rosario Cabrera PP00097614681YYR KDP 12432 Hartford Casualty Insurance Company December 30, 2010 641 Edgar avenue, Beaumont, CA 92223 This firm has been retained by Hartford Insurance in conjunction with its efforts to recover any payments made as a result of the above- captioned loss. In this regard, our preliminary investigation suggests that the City of Beaumont may be liable for the loss as referenced above. As a consequence, you are hereby placed on notice of the loss. In the event you are insured, it is mandatory that you immediately advise your insurer of this letter and your potential responsibility for this loss. Your failure to do so may deprive you of insurance which otherwise covers this loss. Should you have any questions, please do not hesitate to contact our of Best regards, Carl A. Guerrieri For the firm CAGfdmc cc: Cathy Kelley, The Dartford 7375 VEGAS DRIV =, SLITE 1 TO 876:; E. BELL ROAD, SUITE 204 100 N. ARLINGTON AVENUE, SLITS 250 :,AS VEGAS. NEVADA 89126 SCOT1'SCALE, ARIZONA 852.60 }RENO, :NEVADA 80501 [LE'HGNE 702. 462.6300 TELEPHONE 480.502:.4664 "I L:- EPHUNE. 775.323.870'.) FAX 702.462.6303 FAx 483.502.4774 FAA 775.323.8707 ORDINANCE NO. 998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING SECTION 17.13.040 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "PROHIBITION ON REAPPLICATION AFTER REVOCATION" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 17.13.040 of Chapter 17.13 is hereby added to read as follows: "17.13.040 Prohibition on Reapplication after Revocation. In the event the special use permit is revoked pursuant to Section 17.13.030, no new application for the same or similar permit shall be accepted within one year of the date of revocation." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this day of 12011, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this day of , 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF BEAUMONT LIM ATTEST: SHELBY HANVEY, Deputy City Clerk BRIAN DEFORGE, Mayor 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. duly introduced at a regular meeting of the City Council of the City of Beaumont held on , 2007, and was duly adopted upon a second reading on , 2011, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT 2 SHELBY HANVEY, Deputy City Clerk Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 998 - 48095 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: June 3, 2011 Executed on: 06/03/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public hearing on Tuesday, June 21, 2011 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 998 An Ordinance of the City Council of the City of Beaumont, California adding Sections 17.13.040 of the Beaumont Municipal Code Entitled "Prohibition on Reapplication After Revocation ". The purpose of this amendment is to add Section 17.13.040 to Tide 17.13 "Unlicensed Group Homes" which prohibits reapplication for one year after a Special Use Permit is revoked. Date: June 1, 2011 Rebecca Deming Assistant Director of Planning Publish The Record Gazette No. 48095 06/03,2011 Agenda Item No. STAFF REPORT To: Mayor and Council Members From: Community and Economic Development Department Date: June 21, 2011 Subject: Ordinance 998 — Adding Chapter 17.13.040 "Prohibition on Reapplication after Revocation" for Unlicensed Group Home. Background and Analysis: Ordinance 998 adds Chapter 17.13.040 "Prohibition on Reapplication after Revocation" for Unlicensed Group Homes. Section 17.13.040 will read as follows: 17.13.040 Prohibition on Reapplication after Revocation. In the event the special use permit is revoked pursuant to Section 17.13.030, no new application for the same or similar permit shall be accepted within one year of the date of revocation. RECOMMENDATION. Staff recommends that the City Council: 1. Hold a Public Hearing 2. Approve Ordinance 998 at its first reading. Very truly yours; CITY OF BEAUMONT Rebecca Deming Assistant Director of Planning Al v TO: Mayor and Members of the City Council Agenda Item # FROM: Alan C. Kapanicas, City Manager DATE: July 19, 2011 SUBJECT: Adoption of Resolution 2011 -19 regarding Classifications and Policies for Fund Balances BACKGROUND The Governmental Accounting Standards Board adopted Statement #54 in February 2009 and is effective June 30, 2011. Statement #54 requires all cities to classify fund balance in various categories. FISCAL IMPACT Resolution 2011 -19 commits approximately $6 million to fiscal emergencies eligible for FEMA reimbursement (natural disasters). Approximately $3 million is reserved for economic uncertainties, including revenue shortfalls or unpredicted one -time expenditures. The remaining fund balance of approximately $2 million is unassigned and is for use at the Council's discretion. The City's special funds are reserved or committed to its designated uses, as appropriate. RECOMMENDATION Adopt Resolution ; 2011 -19 as presented. r Respect y su mitte , Alan Ka anicas RESOLUTION NO. 2011 -19 Resolution of the City Council of the City of Beaumont, California Approving Classifications and Policies for Fund Balances WHEREAS, Governmental Accounting Standards Board Statement #54 (GASB 54) was issued in February 2009 and effective June 30, 2011; and WHEREAS, GASB 54 requires all cities to classify fund balance as "non spendable ", "restricted ", "committed ", "assigned" or "unassigned" and requires a city to adopt a minimum fund balance policy for its General Fund, NOW, THEREFORE IT IS HEREBY RESOLVED, by the City Council of the City of Beaumont, California, as follows: Section 1. That 20% of the following fiscal year's adopted appropriations for the General Fund shall hereafter be classified as a "committed fund balance" for use in emergencies eligible for Federal Emergency Management Agency reimbursement. Section 2. That 10% of the following fiscal year's adopted appropriations for the general fund shall hereafter be classified as an "unassigned fund balance" for use as a reserve for economic uncertainties, including revenue shortfalls or unpredicted one -time expenditures. Section 3. That the Special Fund Balances Classifications for City Special Funds, as set forth on Exhibit A to this resolution, are hereby adopted. MOVED, PASSED AND ADOPTED this 19th day of July 2011, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Deputy City Clerk Mayor Brian De Forge Resolution 201 1 -19 Exhibit A Fund Balance Classifications for Special Funds FUND TYPE * "Restricted" fund balance can only be spent for specific purposes because of legal restrictions ** "Committed" fund balances are committed by the City Council for the Special Fund purpose Fund Balance Classification Not Restricted* Committed ** Applicable X X X X X Special Capital Debt Special Fund Name Revenue Project Proprietary Service GATV (GOVT ACCESS TV) X X GAS TAX X X AB 2766 X X CDBG X X BIKE & PEDESTRIAN X X X SEWER SERVICE X CFD X RAIL SPUR X MITIGATION FEES X RDA CAPITAL PROJECTS X RDA DEBT SERVICE X RDA LOW/MOD HOUSING X TRANSIT X VEHICLE MAINTENANCE X ASSET SEIZURE X LIABILITY RESERVE X CAPITAL REPLACEMENT X COMP ABSENCES RESERVE X * "Restricted" fund balance can only be spent for specific purposes because of legal restrictions ** "Committed" fund balances are committed by the City Council for the Special Fund purpose Fund Balance Classification Not Restricted* Committed ** Applicable X X X X X X X X X X X X X X X X X X X X X Agenda Item STAFF REPORT To: Honorable Mayor and City Council Members From: Community and Economic Development Department Date: July 19, 2011 Subject: Cooperative Agreement for Urban County Qualification 2012 -2014 Background and Analysis: This is an agreement for the City to participate in the County of Riverside Community Development Block Grant (CDBG) and HOME Urban County programs for fiscal Years 2012 -2014. Execution of the Cooperative Agreement and adoption of the resolution allows the City to participate in the CDBG program through Riverside County Economic Development Agency (EDA). Recommendation: Staff recommends that the City Council APPROVE Resolution 2011 -20 Respectfully Submitted; Rebecca Deming Assistant Director of Planning RESOLUTION NO. 2011-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT AUTHORIZING PARTICIPATION IN THE COUNTY OF RIVERSIDE'S URBAN COUNTY PROGRAM FOR FISCAL YEARS 2012 -2013, 2013 -2014, 2014 -2015 WHEREAS, the City of Beaumont has elected to participate as unit of local government (Cooperating City) in the County of Riverside's Urban County Program for Federal Fiscal Years 2012 -2013, 2013 -2014, and 2014 -2015; and WHEREAS, the Cooperation Agreement will allow the City to carry -out activities which are funded by Community Development Block Grant and HOME funds; and WHEREAS, the Cooperation Agreement will allow the Cooperating City to participate in the Urban County Consolidated Planning Programs. NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED, by the City Council of the City of Beaumont sitting in regular session on July 19, 2011, that: The Cooperation Agreement between the County of Riverside and the City of Beaumont is hereby approved; and 2. The City Council hereby authorizes and directs the Mayor to execute the Cooperation Agreement on behalf of the City of Beaumont. MOVED, PASSED AND ADOPTED this 19th day of July, 2011, upon the following vote: AYES: NOES: ABSTAIN: ABSENT: Mayor of the City of Beaumont Attest: Deputy City Clerk, City of Beaumont 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOPERATION AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP PROGRAM, AND EMERGENCY SHELTER GRANT FOR FISCAL YEARS 2012 -13, 2013 -14, 2014 -15 This Cooperation Agreement hereinafter referred to as "Agreement" is made and entered into this day of 2011, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, hereinafter referred to as "COUNTY ", and Cityoof Beaumont, an incorporated municipality within the geographical boundaries of the COUNTY, hereinafter referred to as "CITY," who together are sometimes referred to herein individually as "Party" or collectively as the "Parties." RECITALS WHEREAS, the Housing and Community Development Act of 1974, as amended (Public Law 93 -383), hereinafter called "ACT ", provides that Community Development Block Grant, funds hereinafter referred to as "CDBG ", may be used for the support of activities that provide decent housing, suitable living environments, and expanded economic opportunities principally for persons of low and moderate - income; and WHEREAS, the HOME program, authorized by the HOME Investment Partnerships Act (HOME), was enacted as Title 1I of the National Affordable Housing Act of 1990, has as its purposes to: expand the supply of decent, affordable housing for low and very -low income families with emphasis on rental housing; build State and local capacity to carry out affordable housing programs; and provide for coordinated assistance to participants in the development of affordable low- income housing; and WHEREAS, the Emergency Shelter Grant, hereinafter referred to as "ESG ", was authorized by the McKinney -Vento Homeless Assistance Act of 1987. The objectives of the Emergency Shelter Grant, to be renamed the Emergency Solutions Grant under the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009, are to increase the number and quality of emergency shelters and transitional housing facilities for homeless Cooperation Agreement For CDBG, HOME, and ESG Funds 2012 -2015 Page 1 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 individuals and families, to operate these facilities and provide essential social services, and to help prevent homelessness. WHEREAS, CDBG regulations require counties to re- qualify as an Urban County under the CDBG program every three years; and WHEREAS, the execution of this Agreement is necessary to include CITY as a participating unit of general government under COUNTY's Urban County CDBG, HOME, and ESG programs. NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived there from, the parties agree as follows: 1. GENERAL. This Agreement gives COUNTY authority to undertake, or assist in undertaking, activities for Fiscal Years 2012 -13, 2013 -14, and 2014 -15, that will be funded from the CDBG program, the HOME Investment Partnership program, the Emergency Shelter Grant program, and from any program income generated from the expenditure of such funds. COUNTY and CITY agree to cooperate, to undertake, or to assist in undertaking, community renewal and lower- income housing assistance activities. COUNTY is qualified as an "Urban County" under the ACT. CITY, by executing this Agreement, hereby gives notice of its election to participate in an Urban County Community Development Block Grant program, hereinafter referred to as "CDBG programs ". By executing this Agreement, CITY understands that it may not apply for grants from appropriations under the Small Cities or State CDBG Programs for fiscal years during the period in which it participates in the Urban County's CDBG program and that CITY may only participate in the HOME program through the COUNTY'S Urban County program, not a consortium. The CITY may apply for ESG funds from the State of California, if permitted by the State. H H H Cooperation Agreement For CDBG, HOME, and ESG Funds 2012 -2015 Page 2 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. TERM. The term of this Agreement shall be for three (3) years commencing on July 1, 2012, through June 30, 2015, unless an earlier date of termination is fixed by U.S. Department of Housing and Urban Development, hereinafter called HUD, pursuant to ACT. This Agreement will be automatically renewed for participation in successive three -year qualification periods, unless the COUNTY or the CITY provides written notice to the other Party that it elects not to participate in the next three -year Urban County program. COUNTY will notify CITY of CITY's right not to participate in the next three -year period no later than the date specified by HUD in the Urban County Qualification Notice. CITY shall notify COUNTY no later than the date specified in COUNTY's notification that CITY elects not to participate in the next three -year Urban County Program. COUNTY will send copies of all notifications required by this Paragraph to the HUD Field Office. The terms of this Agreement shall remain in effect until the CDBG, HOME, and ESG funds and program income received with respect to activities carried out during the three- year qualification period are expended and the funded activities completed. Furthermore, neither the COUNTY nor the CITY may terminate or withdraw from this Agreement while it remains in I effect. 3. PREPARATION OF FEDERALLY REQUIRED FUNDING APPLICATIONS. The Riverside County Economic Development Agency, subject to approval of COUNTY's Board of Supervisors, shall be responsible for preparing and submitting to HUD, in a timely manner, all reports and statements required by the ACT and the Federal regulations promulgated by HUD to secure entitlement grant funding under the CDBG, HOME, and ESG programs. This duty shall include the preparation and processing of COUNTY Housing, Community, and Economic Development Needs Identification Report, Citizen Participation Plan, the County Five -Year Consolidated Plan, One -Year Action Plan, Consolidated Annual Performance and Evaluation Report (CAPER), and other related programs which satisfy the application requirements of ACT and its regulations. Cooperation Agreement For CDBG, HOME, and ESG Funds 2012 -2015 Page 3 of 13 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. COMPLIANCE WITH FEDERAL STATUTES, REGULATIONS AND OTHER APPLICABLE STATUTES, REGULATIONS AND ORDINANCES (a) COUNTY and CITY will comply with the applicable provisions of the ACT and those federal regulations promulgated by HUD pursuant thereto, as the same currently exists or may hereafter be amended. The COUNTY and CITY will take all actions necessary to I I assure compliance with COUNTY's certifications required by Section 104 (b) of Title I of ACT. I I COUNTY and CITY will comply with the provisions of the following: National Environmental Policy Act of 1969; Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968; and Title 24 Code of Federal Regulations part 570; the Fair Housing Act; Cranston - Gonzales National Affordable housing Act (Public Law 101 -625); Section 109 Title I of the Housing and Community Development Act of 1974 (42 U.S.C. §5309); Executive Order 11063, as amended by Executive Order 12259; Executive Order 11988; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §4630, et. seq.); and other federal or state statute or regulation applicable to the use of CDBG or HOME Investment Partnerships Act (enacted as Title II of the National Affordable Housing Act of 1990) funds. (b) CITY agrees that CDBG funding for activities in, or in support of, CITY are prohibited if CITY does not affirmatively further fair housing within its own jurisdiction or impedes COUNTY actions to comply with its fair housing certification. (c) CITY and COUNTY shall meet the citizen participation requirements of 24 CFR 570.301 and provide Riverside County citizens with all of the following: i. The estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate - income; ii. A plan for minimizing displacement of persons as a result of I activities assisted with CDBG funds and to assist persons actually displaced as a result of such I activities; iii. A plan that provides for and encourages citizen participation, with I particular emphasis on participation by persons of low and moderate - incomes, residents of slum and blighted areas, and of areas in which funds are proposed to be used, and provides for Cooperation Agreement For CDBG, HOME, and ESG Funds 2012 -2015 Page 4 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 participation of residents in low and moderate - income neighborhoods; iv. Reasonable and timely access to local meetings, information, and records relating to the grantee's proposed use of funds, as required by the regulations of the Secretary, and relating to the actual use of funds under the ACT; V. Provide for public meetings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities and review of program performance. Meeting shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the disabled. (d) CITY shall develop a community development plan, for the period of this Agreement, which identifies community development and housing needs and specifies both short and long -term community development objectives. (e) CITY certifies, to the best of its knowledge and belief, that: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federally - appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. iii. The CITY shall require that the language provided in Section 4(e)(i) and (ii) of this Agreement be included in the award documents for all sub - awards at all Cooperation Agreement For CDBG, HOME, and ESG Funds 2012 -2015 Page 5 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 tiers (including subcontracts, sub- grants and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. (fj In accordance with Section 519 of Public Law 101 -144, (the 1990 HUD Appropriations Act), the CITY certifies that it has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations, and that it has adopted and is enforcing applicable State and local laws against physically barring entrance to, or exit from, a facility or location which is the subject of such non - violent civil rights demonstrations within its jurisdiction. 5. COMPLIANCE WITH POLICY AND PROGRAM OBJECTIVES. The COUNTY's Board of Supervisors have adopted policies and procedures to ensure efficient and effective administration of the CDBG, HOME, and ESG programs. COUNTY will provide these policies and procedures to CITY within a reasonable time after this Agreement's commencement date. COUNTY and City agree to comply with these said policies and program objectives. 6. OTHER AGREEMENTS. Pursuant to Federal regulations at 24 CFR 570.501(b), CITY is subject to the same requirements applicable to sub - recipients, including the requirement of a written agreement set forth in Federal regulations at 24 CFR 570.503. For each fiscal year during the term of this Agreement, COUNTY and CITY shall enter into an additional agreement, commonly known as a Supplemental Agreement, that will have a term coinciding with a CDBG Program Year and enumerate the project(s) CITY will implement with its entitlement funds. Said Supplemental Agreement will set forth the time schedule for completion of said project(s) and any funding sources, in addition to entitlement funds, that will be used in completing the project(s). If substantial compliance with the completion schedule, due to unforeseen or uncontrollable circumstances, cannot be met by CITY, the schedule for the project(s) may be extended by Cooperation Agreement For CDBG, HOME, and ESG Funds 2012 -2015 Page 6 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY. If COUNY determines that substantial progress toward drawdown of funds is not made during the term of the Supplemental Agreement, the entitlement funds associated with the project(s) may be reprogrammed by COUNTY, to other activities as determined by COUNTY, after COUNTY provides appropriate written notice to CITY. COUNTY's decision not to extend the completion schedule associated with the project(s), or to reprogram the entitlement funds associated with the project(s), will not excuse CITY from complying with terms of this Agreement. 7. DETERMINATION OF PROJECTS TO BE FUNDED AND DISTRIBUTION OF ENTITLEMENT FUNDS. CITY agrees to submit to COUNTY, no later than the date specified by COUNTY prior to each program year, the activities that the CITY desires to implement with its entitlement funds, said designation to comply with statutory and regulatory provisions governing citizen's Iparticipation. Said designation is to be reviewed by the COUNTY's Economic Development Agency to determine that the projects are eligible under federal regulations for funding and inclusion in the One Year Action Plan of the County's Five -Year Consolidated Plan and consistent with both Federal and COUNTY policy governing use of Community Development Block Grant (CDBG) funds. Consistent with Paragraphs 3, 4, 5, 6, and 7 of this Agreement, COUNTY's Board of Supervisors will make the final determination of the distribution and disposition of all CDBG funds received by COUNTY pursuant to the Act. 8. COMMUNITY DEVELOPMENT BLOCK GRANT MANUAL. CITY warrants that those officers, employees, and agents, retained by it and I responsible for implementing projects funded with CDBG have received, reviewed, and will follow the Community Development Block Grant Manual that has been prepared and amended by COUNTY, and by this reference, said Manual is incorporated herein and made a part hereof. 9. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY I CONSTRUCTED WITH CDBG FUNDS. When CDBG funds are used, in whole or in part, by CITY to acquire real I Cooperation Agreement For CDBG, HOME, and ESG Funds 2012 -2015 Page 7 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 property or to construct a public facility, CITY will comply with the National Environmental Policy Act of 1969 (42 U.S.C. § §4321, et seq.), the California Environmental Quality Act (Cal. Pub. Resources Code § §21000, et seq.), the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § §4630, et seq.), and the California Government Code Sections 7260 et seq., as those Acts may be amended from time -to -time and any Federal or state regulations issued to implement the aforementioned laws. In addition, the following is to occur: (a) Title to the real property shall vest in CITY; (b) The real property title will be held by or the constructed facility will be maintained by the CITY for the approved use until five years after the date that the project is reported as "Completed" within the annual Consolidated Annual Performance and Evaluation Report. (c) While held by CITY, the real property or the constructed facility is to be used exclusively for the purpose for which acquisition or construction was originally approved by COUNTY; (d) CITY shall provide timely notice to COUNTY of any action which would result in a modification or change in the use of the real property purchased or improved, in whole or in part, with CDBG or HOME funds from that planned at the time of acquisition or improvement, including disposition. (e) CITY shall provide timely notice to citizens and opportunity to comment on any proposed modification or change; (f) Written approval from COUNTY must be secured if the property or the facility is to be put to an alternate use that is or is not consistent with federal regulations governing CDBG funds; (g) Should CITY desire during the five (5) year period to use the real property or the constructed facility for a purpose not consistent with applicable federal regulations governing CDBG funds or to sell the real property or facility, then: Cooperation Agreement For CDBG, HOME, and ESG Funds 2012 -2015 Page 8 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (i) If CITY desires to retain title, it will have to reimburse either COUNTY or the Federal government an amount that represents the percentage of current fair market value that is identical to the percentage that CDBG funds initially comprised to when the property was acquired or the facility was constructed; (ii) If CITY sells the property or facility, or is required to sell the property or facility, CITY is to reimburse the COUNTY an amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that CDBG funds comprised of the monies paid to initially acquire the property or construct the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds. 10. DISPOSITION OF INCOME GENERATED BY THE EXPENDITURE OF CDBG FUNDS. CITY shall inform COUNTY of any income generated by the expenditure of CDBG funds received by CITY from COUNTY. CITY may not retain any program income so generated. Any and all program income shall be returned to the County and may only be used for eligible activities in accordance with all CDBG requirements, including all requirements for citizen participation. The COUNTY is required by HUD to monitor and report the receipt and use of all program income. CITY is required to track, monitor, and report any and all program income as requested by COUNTY. 11. TERMINATION. Except as provided for in Paragraph 2, CITY and COUNTY cannot terminate or withdraw from this Agreement while it remains in effect. 12. FORMER AGREEMENTS UTILIZING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BETWEEN COUNTY AND CITY. All agreements between CITY and COUNTY regarding the use of CDBG funds for fiscal years 1975 -76 through 2011 -2012, and any Supplemental Agreements there under, shall remain in full force and effect. If the language of this Agreement is in conflict or Cooperation Agreement For CDBG, HOME, and ESG Funds 2012 -2015 Page 9 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 inconsistent with the terms of any prior said agreements between CITY and COUNTY, the language of this Agreement will be controlling. 13. INDEMNIFICATION CITY agrees to indemnify, defend and hold harmless COUNTY and its authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and /or liability arising from CITY acts, errors or omissions and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnifications is prohibited by law. CITY shall promptly notify COUNTY in writing of the occurrence of any such claims, actions, losses, damages, and /or liability. CITY shall indemnify and hold harmless COUNTY against any liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that activities undertaken by CITY under the program(s) fail to comply with any laws, regulations, or policies applicable thereto or that any funds billed by and disbursed to CITY under this Agreement were improperly expended. 14. COMPLIANCE WITH LAWS AND REGULATIONS. By executing this Agreement, the Parties hereby certify that they will adhere to and comply with all federal, state and local laws, regulations and ordinances. 15. ENTIRE AGREEMENT. It is expressly agreed that this Agreement embodies the entire agreement of the Parties in relation to the subject matter hereof, and that no other agreement or understanding, verbal or otherwise, relative to this subject matter, exists between the Parties at the time of execution. 16. SEVERABILITY. Each paragraph and provision of this Agreement is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall remain in full force and effect. 17. ASSIGNMENT. The Parties will not make any sale, assignment, conveyance or lease of any trust Cooperation Agreement For CDBG, HOME, and ESG Funds 2012 -2015 Page 10 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 or power, or transfer in any other form with respect to this Agreement, without prior written approval of the other Party. 18. INTERPRETATION AND GOVERNING LAW. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 19. WAIVER. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 20. JURISDICTION AND VENUE. Any action at law or in equity arising under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed in the consolidated Courts of Riverside County, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction. 21. AMENDMENTS No change, amendment, or modification to the Agreement shall be valid or binding upon CITY or COUNTY unless such change, amendment, or modification is in writing and duly executed. CITY and COUNTY agree to adopt any necessary amendments to this Agreement to incorporate changes required by HUD as set forth in the Urban County Qualification Notice. Amendments must be submitted to HUD as provided in the Urban County Qualification Notice and failure to do so will void the automatic renewal for such Cooperation Agreement For CDBG, HOME, and ESG Funds 2012 -2015 Page 11 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 qualification period. 22. AUTHORITY TO EXECUTE. The persons executing this Agreement or exhibits attached hereto on behalf of the Parties to this Agreement hereby warrant and represent that they have the authority to execute this Agreement and warrant and represent that they have the authority to bind the respective Parties to this Agreement to the performance of its obligations hereunder. 23. INCORPORATION OF RECITALS The Parties hereby affirm the facts set forth in the recitals above. Said recitals are incorporated herein and made an operative part of this Agreement. IN WITNESS WHEREOF, the COUNTY and CITY have executed this Agreement on the date shown below. ATTEST: Kecia Ihem- Harper Clerk of the Board COUNTY OF RIVERSIDE By: By: for Bob Buster, Chairman Board of Supervisors Rob Field, Assistant County Executive Officer /EDA Date: ATTEST: By: City Clerk CITY OF BEAUMONT By: Mayor Date: Cooperation Agreement For CDBG, HOME, and ESG Funds 2012 -2015 Page 12 of 13 1 2 3 4 5 G7 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY COUNSEL CERTIFICATION The Office of County Counsel hereby certifies that the terms and provisions of this Agreement are fully- authorized under state and local law and that the Agreement provides full legal authority for the COUNTY to undertake, or assist in undertaking, essential community development and housing assistance activities specifically urban renewal and publicly assisted housing. Pamela J. Walls County Counsel By: Deputy, Anita Willis s: \cdbg \12 -15 urban county program \coop agreement 2012- 2015.doex Cooperation Agreement For CDBG, HOME, and ESG Funds 2012 -2015 Page 13 of 13 Agenda Item No. STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: COMMUNITY AND ECONOMIC DEVELOPMENT DEPT. AGENDA DATE: JULY 19, 2011 SUBJECT: APPROVAL OF RESOLUTION TO AUTHORIZE THE CITY MANAGER TO SELL SURPLUS PROPERTY (APN:418- 130 -028) BACKGROUND /ANALYSIS: The City of Beaumont is currently the owner Parcel 418- 130 -28, a small triangular shaped parcel at southwest corner of Fifth Street and Edgar Avenue. This parcel has no reasonable use due to its small size (approximately 3,100 square feet) and irregular shape other than selling it to the adjoining neighbor and merging it to his property. This would add the property to the tax roll and remove it from City maintenance. The adjacent property owner Mr. Belete Demissie has offered to purchase the property for $1000. Staff is recommending that City Council authorize the City Manager to sell the property to the adjacent property owner subject to the condition that the properties be merged together. RECOMMENDATION: Staff recommends that the City Council APPROVE Resolution 2011 -21. Respectfully Submitted, Rebecca Deming Director of Planning (Acting) RESOLUTION NO. 2011-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT AUTHORIZING THE SALE OF SURPLUS PROPERTY WHEREAS, the property located at Assessor's Parcel Number 418- 130 -028 is owned by the City of Beaumont; and WHEREAS, the City Council has determined that this property is surplus because there is no reasonable use due to its small size and irregular shape; and WHEREAS, the property is not currently on the property tax roll and the City spends money to maintain the property; and WHEREAS, the City Council finds that the only reasonable use is by the adjacent property owner. NOW, THEREFORE, the City Council of the City of Beaumont hereby declares that APN 418 - 130 -028 is surplus and the City Manager is authorized to sell the Property to the adjacent Property Owner. MOVED, PASSED AND ADOPTED by the City Council of the City of Beaumont at a regularly - scheduled meeting of the City Council held on July 19, 2011, by the following vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF BEAUMONT M. ATTEST: City Clerk BRIAN DEFORGE, Mayor BELETE DEMISSIE 467 N SAN GORGONIO AVE BANNING, CA 92220 951 - 849 -5418 April 15, 2011 To: Reb--cca Derning Assistant Director of Planning From: Belete Demissie Subject: Street Vacating This has reference to the street vacating of 207 Fifth St in Beaumont. Thank you for your assistance and cooperation in getting it approved by the City Council. You have expressed to me that my property line will be up to middle of the street. You have suggested that I can buy the rest of the vacant which belongs to the city of Beaumont. As I expressed to you, I cannot afford to buy the property, and also I have no need for most part of the property that is owned by the City. We can share the drive way, and I will remove the fence and put it in my portion of the property. Per our telephone conversation of yesterday, I hereby offer to buy the remaining part of the property at 207 Fifth Street for $1,000. Best regards, Belete Demissie r3 15-18 418-13 T. R. 002-027 PCR IVW114 SEC /0 73S-RIW Fh-rH 28 EA THIS MAP /s FOR lssEssmENr PugposES ONLY DArf "o ft MEN f*l S/76 B20 24 Yr9 B9 q4 -17 SB/11-� AMENDED MAP of ffie MOW of &AIMOVT,�B 6'16 OGto: STATE HWY MAP V111 RIV 26 BAU 4,5 -22 -T- V --54--1 CO SUR MAP 204 -90,91 se --] SSE MAPS 872-33-AID ASSESSOR'S MAP SK 418 pe 13 RIVERSIDE COVNrY, CALIF lPaL 1970 F—F- T- I 7- NE5r 10 2 11 /0 9 0. 20AC 7 1 6 15. 13 10 I-T A? 417 06 '7 114 /0 !8 /9 21 21 (pr7v) sar 22 22 ej PLL I 02A&c 2-q _!ZA �IAIM 72996 7-68 0.17A. ---F-OURTH— 0�—�EEr F T DArf "o ft MEN f*l S/76 B20 24 Yr9 B9 q4 -17 SB/11-� AMENDED MAP of ffie MOW of &AIMOVT,�B 6'16 OGto: STATE HWY MAP V111 RIV 26 BAU 4,5 -22 -T- V --54--1 CO SUR MAP 204 -90,91 se --] SSE MAPS 872-33-AID ASSESSOR'S MAP SK 418 pe 13 RIVERSIDE COVNrY, CALIF lPaL 1970 X-7 sum j I WIN City of Beaumont GIS ParcelQuest Page 1 of 1 Riverside, CA LARRY WARD, ASSESSOR ParcelQuest Property Address: CA Ownership Parcel# (APN): Parcel Status: Owner Name: Mailing Addr: Legal Description: Assessment 418- 130 -028 ACTIVE CITY OF BEAUMONT P O DRAWER 158 BEAUMONT CA 92223 LOTS 1, 2,3 &4BLK 112 MB 006/016 SBA Total Value: Use Code: Use Type: Land Value: Tax Rate Area: 002 -027 Zoning: Impr Value: Year Assd: 2010 Census Tract: Other Value: Property Tax: Price /SgFt: % Improved: Delinquent Yr: Garage SgFt: Exempt Amt: HO Exempt: N Preserve: Sale History Ag Preserve: Sales Sale2 Sale3 Recording Date: Recording Doc: Rec. Doc Type: Transfer Amount: Seller (Grantor): 1 st Trust Dd Amt: 2nd Trust Dd Amt: Property Characteristics Bedrooms: Baths (Full): Baths (Half): Total Rooms: Bldg /Liv Area: Lot Acres: Lot SgFt: Year Built: Effective Year: httD: //W W W.Darcel Transfer 03/00/1979 15215 Fireplace: Units: A /C: Stories: Heating: Quality: Pool: Building Class: Park Type: Condition: Spaces: Site Influence: Garage SgFt: Timber Preserve: Bsmt SgFt: N/A Ag Preserve: PARf9 QJF5T www.parcelquest.com 2911 a (888) 217 -8999 STAFF REPORT TO: Mayor and City Council FROM: Elizabeth Urtiaga, Resources Director - SUBJECT: Copier Contract Award DATE: July 19, 2011 BACKGROUND /ANALYSIS: The City of Beaumont currently uses Xerox copiers throughout all of our City departments. From time to time, it is necessary to re- evaluate services and costs associated with all equipment and services and to make recommendations that enhance customer service while decreasing expenses. Staff recently conducted an informal bid and asked Xerox, Konica, Ose and Sharp resellers to submit pricing plans and options for leasing copier equipment. The attached spreadsheet shows price comparisons for three of four of the companies. The Sharp product is not considered a Tier 1 copier and therefore, unable to meet the needs of City staff. Konica Minolta was the low bidder with a cost savings of $2,808 annually for all locations. FISCAL IMPACT: Should Council approve the agreement, the annual impact to the General Fund would be $20,748. RECOMMENDATION: Staff recommends Council AWARD the contract to the lowest responsible bidder, Konica Minolta, and authorize the City Manager execute the agreement subject to the City Attorney's review. C'1 t-.-/ Pro osec Current Site Xerox Unit Serial # WC5665P WTM761672 WC5665P 1 WC7328P I FKA941782 Fleet Replacement for City of Beaumont Approx. Konica [.nnisba Par` Prnnnftaci Casa Prnnnaad I YArnm nurmni 176.001 $ Totals $ 1,729.00 $ 263.001 $ 188.81 1,963.00 $ 2,468.53 "By pmnd.ng A tElepiere, number for a ce4ular phone or other W rt)ess dewte you are expiossiy consenting to rtcei%iN comnunicatrns (for NON-marl:ebng w SOICitetion purposes) of that number. Including. bol not limited tri. wereccrdtd Lv artfoal ,OU.e m essagc cSir teat mesaageS, and cAils meat by an automauc telephone dialing system from Lessor, and iIt, ari and agents This Express Consent •pprles to each such telephone number that you Provide 10 u£ nc" of r the future and portraits such cAls These cat's and messages may incur acceSs fees from your ceitufer provoer CUSTOMER • < GUARANTEE ~� co Konica Minolta Business Solutions agrees to maintain the Equipment in good operating condition providing it irbnXAMeW in necessary maintenance service and parts for routine repairs. If our Service Representative is unable to repair the equipment covered under a Konica Minolta Business Solutions Service Agreement and this guarantee, we shall provide, at no charge, an equivalent replacement. MW ! • t I • • 1 LEASE AGREEMENT You agree to !east from us the Persists! property as IdenGlted in schedules 10 this Afaster PremOf Lease Agreement firm lime to time $,;tied by you and us (such property aW any upgrade$. repxemenLc repairs and addition: refenad to as -fist omenri for business purposes only Each Schedule 4 a separate assignable lease. You agree 10 at Of the terms and cOAdIldAS COMNOOd m this Agreement arc any Schedule. rfi,cn together are a compltle state :nenl of Our Agfemen( teprd rig rte listed equipment ('Agreement") and supersedes any purchase order or ouGtanding lnvoce. This Agreement may be modified only by written Agreement and not by course of performance 7hr- Agreement L*Ccmoi valid upon e'+ecueon by of fof us. The Equipment is deemed ameprod by you unoet the 8PPl1e8bit schedule unless you notify us within three :3) days of deF.ery that you du not accept the Equipment and spccay Inc defect or nrallunetlorL in that rant at our sole orlon, we of out designee will repace me CilrWive Item of Egwpment or Nis Agreement wiu be cahealed and we or our designee w v repossess the EOuipment. The '8M,g Dale' of iris Agreement wr:l be the toenaem (20th) day fo74vnng insla'after You agree to pay a prorated amount Of 11/301h of the Monthly payment woes are number of days between the ,nsil4bOn data and the 8dag Date This Agreement wt,; continue from the Billing Dale for the Tartu shown and w:i be extended sutcAult"flylor successlvt One (t) month terms unless you (ai sardine written notice. between ninety ; 0o days and on.e hued ^co Filly 0t 0) days Wore the end of any term. of your debs�on to return Or Purchase the Equipments renew this Lease a (b) you do not purchase or rgfum me EquipmenL as us wr ed n your notice, within 1C —0 ip"10RI days after me end of Ins term. Leases with St 00 purcasse options wi-I rot ice renewed Irany provision of his Agreement is declared unenforceable in any prisdlcbon, too Omer provmmns hefeth sha i remain m Nei force and effect -n thatJansd coon and aft others. You avlhor a. us to Insert at coiner.! missing Imormatnr on tats iease hcluding your proper legal name, serial numbers, other numbers describing the Equipment and other ommed fectuat mall,ii You agree Ili PeOvrde updated annuai anator Cuartedy immoral statement, I, us upon +equest. YOU authome us a cat ages to Cla in credit reports and make credo inquiries regarding you and your financial COndition and to provide ycu. information mCwoing payment history. to our assignee or mud Partr,= hanng an econom,c interest In this Agreement. any Schedule of dw Equipment. 2 RENT Rent -ii be payabit m rnsUCments. each M the am0unl of the Monthly Payment (or other pened,c payment) shown plus any APPI,rabte sales, use and property tax- d we pay any tan On your behalf. you agree to reimburse us promptly along ,nth a processing fee You w ?a pay are security deposit on trtE date You Sign this Agreement Subsequent installments will be payable on me first day W each rental payment penod shown begnn,rg after me rust renaa' payment P0,00 a as Otnerw,se agreed. We ,itl have me right to apply all sums received from you W any amounts due and owed to us undef the terms of this Agreement Your Obligation to make a0 Monthly payments (or other perk payment) hereunder Is absolute and unconditional and you cannot withhold or Offset against shy Monthly Payments (or other periodic payment) for any reason. you agree that you xis remit payments lO us in me form Of company checks to personal GhtiUS in me cave cf sae pOpnQlCrshgwi direct detftl or wNQS duty You also agree cash ono cash equ.aiems are not accePlablef araS of payment for this Agreemem and that you weir not remit such Joints d payment to us r:E BOTH fNIENO'O COMPI Y WITH ALL APPLICABLE LAWS. IF IT K DETERMINED THAT YOUR PAYMENTS UNDER THIS AGREEMENT OR UNDER A SCHEDULE RESULT nJ AN tNTERES' PAYLIRNT HIGHER THAN ALLOWED BY APaLICABLE LA* THEN ANY FKCESS INTEREST COLLECTED WILL BE APPLIED TO AMOUNTS THAT ARE LAWFULLY DUE AND OWING UNDER THIS AGREEt: +ENT OF 7nLL BE REFUNDED TO YOU IN NO EVENT WILL YOU OE REQUIRED TO PAY ANY AMOUNTS tN EXCESS OF THE LEGAL AMOUNT. COMPUTER SOPT`,,ARE N.M. wilhsuand0g Any Other term and conONons of this Agreement, you agree that as 10 SoMyare Only a) We have not had. do not have, nil wil have any tide to such software. b) YOU here executed or It execute a separate sofhvane license Agreement and we are nor a piny to and have no fe5ponsiotdtes whatsoever in regalds to such license Agreement, c) You have Selected such Software and as per Agreement paragraph';. Y.'E 'JAKE NO WARRANTIES OF MERCHANTABILITY, DATA ACCURACI. SYSTEM INTEGRATION OR FITNESS FOR USE AN0 TAKE ABSOLUTELY NO RESPONSIBILITY FOR THE FUNCTION OR DEFECTrVE NATURE OF SUCH SCFT,iARE SYSTEMS INTEGRATION OR OTHERV.ISE IN REGARDS 70 SUCH SOFTWARE Ci:S70MER'S LEASE PAYMENTS AND OTHER OBLIGATIONS UNDER THIS LEASE AGREEMENT SHALL IN U E OF BE 0tr,uN15HED ON ACCOUNT OF OR IN ANY vraY RELATED TO IHE ABOVE SA:O SOFTWARE LICENSE AGREEMENT OF FAILURE 'N ANY WAY OF THE SOFTWARE (contrnut:d on back) THIS IS A NONCANCELABLE / IRREVOCABLE AGREEMENT: THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED. /R ACCEPTANCE Konica Minolta Premier Finance -- FEDERALTAXi.D s —�� -- PRINT NAME _--_ _ See reverse side for additional terms and conditions - - -XD - For office use only (Check one). ® Branch ❑ Windsor ❑ Windsor Commercial Master Premier APPLICATION NUMBER AGREEMENT NUMBER KONICA MINOLTA Lease Agreement This Master Premier Lease Agreement ('Agreement') Is written to "plain English". The words you and your refer to the customer (and its guarantors). The words Lessor, we, us and our refer to Konica Minolta Premier Finance, a program of Konica Minolta Business Solutions U.S.A.. Inc., its subsidiaries and affiliates. (Suppiter) CUSTOMER / ' 1 FULL LEGAL NAME STREET ADDRESS City of Beaumont 550 E. 6th St. CITY STATE ZIP PHONE' FAX Beaumont _ CA 92223 951 - 769 -8521 Hit L ING NAME (IF DIFFERENT FROM ABOVE) BILLING STREET ADDRESS � CITY STATF 21P E-w11[. EQUIPMENT LOCATION OF DIFFERENT FROM ABOVE) "By pmnd.ng A tElepiere, number for a ce4ular phone or other W rt)ess dewte you are expiossiy consenting to rtcei%iN comnunicatrns (for NON-marl:ebng w SOICitetion purposes) of that number. Including. bol not limited tri. wereccrdtd Lv artfoal ,OU.e m essagc cSir teat mesaageS, and cAils meat by an automauc telephone dialing system from Lessor, and iIt, ari and agents This Express Consent •pprles to each such telephone number that you Provide 10 u£ nc" of r the future and portraits such cAls These cat's and messages may incur acceSs fees from your ceitufer provoer CUSTOMER • < GUARANTEE ~� co Konica Minolta Business Solutions agrees to maintain the Equipment in good operating condition providing it irbnXAMeW in necessary maintenance service and parts for routine repairs. If our Service Representative is unable to repair the equipment covered under a Konica Minolta Business Solutions Service Agreement and this guarantee, we shall provide, at no charge, an equivalent replacement. MW ! • t I • • 1 LEASE AGREEMENT You agree to !east from us the Persists! property as IdenGlted in schedules 10 this Afaster PremOf Lease Agreement firm lime to time $,;tied by you and us (such property aW any upgrade$. repxemenLc repairs and addition: refenad to as -fist omenri for business purposes only Each Schedule 4 a separate assignable lease. You agree 10 at Of the terms and cOAdIldAS COMNOOd m this Agreement arc any Schedule. rfi,cn together are a compltle state :nenl of Our Agfemen( teprd rig rte listed equipment ('Agreement") and supersedes any purchase order or ouGtanding lnvoce. This Agreement may be modified only by written Agreement and not by course of performance 7hr- Agreement L*Ccmoi valid upon e'+ecueon by of fof us. The Equipment is deemed ameprod by you unoet the 8PPl1e8bit schedule unless you notify us within three :3) days of deF.ery that you du not accept the Equipment and spccay Inc defect or nrallunetlorL in that rant at our sole orlon, we of out designee will repace me CilrWive Item of Egwpment or Nis Agreement wiu be cahealed and we or our designee w v repossess the EOuipment. The '8M,g Dale' of iris Agreement wr:l be the toenaem (20th) day fo74vnng insla'after You agree to pay a prorated amount Of 11/301h of the Monthly payment woes are number of days between the ,nsil4bOn data and the 8dag Date This Agreement wt,; continue from the Billing Dale for the Tartu shown and w:i be extended sutcAult"flylor successlvt One (t) month terms unless you (ai sardine written notice. between ninety ; 0o days and on.e hued ^co Filly 0t 0) days Wore the end of any term. of your debs�on to return Or Purchase the Equipments renew this Lease a (b) you do not purchase or rgfum me EquipmenL as us wr ed n your notice, within 1C —0 ip"10RI days after me end of Ins term. Leases with St 00 purcasse options wi-I rot ice renewed Irany provision of his Agreement is declared unenforceable in any prisdlcbon, too Omer provmmns hefeth sha i remain m Nei force and effect -n thatJansd coon and aft others. You avlhor a. us to Insert at coiner.! missing Imormatnr on tats iease hcluding your proper legal name, serial numbers, other numbers describing the Equipment and other ommed fectuat mall,ii You agree Ili PeOvrde updated annuai anator Cuartedy immoral statement, I, us upon +equest. YOU authome us a cat ages to Cla in credit reports and make credo inquiries regarding you and your financial COndition and to provide ycu. information mCwoing payment history. to our assignee or mud Partr,= hanng an econom,c interest In this Agreement. any Schedule of dw Equipment. 2 RENT Rent -ii be payabit m rnsUCments. each M the am0unl of the Monthly Payment (or other pened,c payment) shown plus any APPI,rabte sales, use and property tax- d we pay any tan On your behalf. you agree to reimburse us promptly along ,nth a processing fee You w ?a pay are security deposit on trtE date You Sign this Agreement Subsequent installments will be payable on me first day W each rental payment penod shown begnn,rg after me rust renaa' payment P0,00 a as Otnerw,se agreed. We ,itl have me right to apply all sums received from you W any amounts due and owed to us undef the terms of this Agreement Your Obligation to make a0 Monthly payments (or other perk payment) hereunder Is absolute and unconditional and you cannot withhold or Offset against shy Monthly Payments (or other periodic payment) for any reason. you agree that you xis remit payments lO us in me form Of company checks to personal GhtiUS in me cave cf sae pOpnQlCrshgwi direct detftl or wNQS duty You also agree cash ono cash equ.aiems are not accePlablef araS of payment for this Agreemem and that you weir not remit such Joints d payment to us r:E BOTH fNIENO'O COMPI Y WITH ALL APPLICABLE LAWS. IF IT K DETERMINED THAT YOUR PAYMENTS UNDER THIS AGREEMENT OR UNDER A SCHEDULE RESULT nJ AN tNTERES' PAYLIRNT HIGHER THAN ALLOWED BY APaLICABLE LA* THEN ANY FKCESS INTEREST COLLECTED WILL BE APPLIED TO AMOUNTS THAT ARE LAWFULLY DUE AND OWING UNDER THIS AGREEt: +ENT OF 7nLL BE REFUNDED TO YOU IN NO EVENT WILL YOU OE REQUIRED TO PAY ANY AMOUNTS tN EXCESS OF THE LEGAL AMOUNT. COMPUTER SOPT`,,ARE N.M. wilhsuand0g Any Other term and conONons of this Agreement, you agree that as 10 SoMyare Only a) We have not had. do not have, nil wil have any tide to such software. b) YOU here executed or It execute a separate sofhvane license Agreement and we are nor a piny to and have no fe5ponsiotdtes whatsoever in regalds to such license Agreement, c) You have Selected such Software and as per Agreement paragraph';. Y.'E 'JAKE NO WARRANTIES OF MERCHANTABILITY, DATA ACCURACI. SYSTEM INTEGRATION OR FITNESS FOR USE AN0 TAKE ABSOLUTELY NO RESPONSIBILITY FOR THE FUNCTION OR DEFECTrVE NATURE OF SUCH SCFT,iARE SYSTEMS INTEGRATION OR OTHERV.ISE IN REGARDS 70 SUCH SOFTWARE Ci:S70MER'S LEASE PAYMENTS AND OTHER OBLIGATIONS UNDER THIS LEASE AGREEMENT SHALL IN U E OF BE 0tr,uN15HED ON ACCOUNT OF OR IN ANY vraY RELATED TO IHE ABOVE SA:O SOFTWARE LICENSE AGREEMENT OF FAILURE 'N ANY WAY OF THE SOFTWARE (contrnut:d on back) THIS IS A NONCANCELABLE / IRREVOCABLE AGREEMENT: THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED. /R ACCEPTANCE Konica Minolta Premier Finance -- FEDERALTAXi.D s —�� -- PRINT NAME _--_ _ See reverse side for additional terms and conditions - - -XD - O+ t NERSH!P OF LO-1 h'EN1 re are u.e Lesser Of ule lc, -r,pmc _t aria nave sole LUe Ir,,JC$, you r -r- P S' Cr pu +chase optoq to the = qur,rrgn! :excudmg sollware, Yo Pyre -e F,auq,.ae tl . ee and clear „ ? 1 ;cn8 i In C!aPns 5 WARRANTY DISCLAIMER WE MAKE NO WARRANTY EXPRESS OR IMPLIED, INCLUDING THAT THE EQUIPMENT IS FIT FOR A PARTICULAR PURPOSE OR THAT THE EQUIPMENT IS MERCHANTABLE. YOU AGREE THAT YOU HAVE SELECTED EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US WE ARE LEASING THE EQUIPMENT 10 YOU "AS-IS`. You acknowledge that none of Stipplier a• their representatives are our agents and none of (rEm are aulY,dnzeu to nnbdrCy I!lE term,; Of iht6 Ayreen,ent ar any Schedule No represenlahOn o• ,va,ramY of Supplier wtlh respect to the Equipment w@ bino us nor wit any bre;tcth thereof rel eve you of any or viii cb iva!rcns hareLnder Yu r are ,=ware of the name of the mnnufacitire, or sopprer (if each dent of Equipment and you will contact the manufacturer fir sup e, 1;, des' :'rpt,on of your v:arrailty rights You hereb;v acxnowtedge and confirm that you have not received any tax financ a:, accounting or legal advice from us the manufacturer c, Sutgi cf the Lo:i proem THIS AGREEMENT AND EACH SCHEDULE CONSTITUTES A 'FINANCE LEASE" AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE F i.00ATION OF EQUIPMENT You will keep ,rid use the Equ pnierJ c nY a! you, address shown at,ove wid you agree nC' to move It unless we agree is tl A,I InF end Uf mg Acret me, ;t term, , ;UU po 10I pure has9 Ole EQJ +Dntei +' you wit! relay^ Itlt figwpmF.11 tc a 10 .atiC'I w'P. SpeC ly a. y.,ur expen5. n rB±ad resoles Cie co ndrilCrt ;nprma7 wear and fear aCCep(abie j, fall v:drkir`,: 0'dfr . as q' roa:pl00 repair JSS CSR DAI•'IAGF °ell are t'sp6t sd.re to them risk c' loss or for any destruction Of or damage to the Equipment No such loss or dam ga relieves you from Ibe payment otliga!ro• s under t its At ee•ne'l. You agree to promptly not iy Its r. 'Noll g 04 ar IC- Or damage Piro you r.r' Pen bar Io us me Present value Of the total of air unpaid Monthly Payments for other peno:nr pa }rIrfnts h It) for me full Agreement erril Plitt: the e, tuna ed Tar mrir '-`up cf the FQUIPtneol M the erid of f t, o iqr :-a'.ly sd>edutef term all crsc%lnled of stx percent (fi n•) per year Al, prerft of I lso a Ce will be paid In u5 and Credded- at our oplir rr r_yar'sl m,ly. 10;x Or darcage You aulhooze us ti" sign o0 your behalf anti appoint us as your attorney in fact to execute m fi your r,_ ire ar^, st range draflS Or CheCks Issued due tU loss c darlage to the Equipmen' 8 C151:+ AL PROTECTION AND INSURANCE You are responsible tar hstalbng and Weping'he Equipment m good workrrhg order Except for oldina ou are responaffie for prolecvng the Equt Om damage and loss d( say ,Ind if the Eqwpme is damaged Cr Pat you agree 'o con,, nue to pay the amount to become due hereunder wilhDA setoff o! defense During term of I li +S tent. you agree trial you will i 71 insure e equipnreni against ail loss cr 0arna ss payee, (2) obtain liability an3 third parry propery carnage mw arse naming us as an addrtionat msur _ deliver satislaClOry evt rice or such coverage evs policy fonts and amounts acceptable to us All P pUlraes must prowde that we be Sven ihrrty r, 30) days wrr!teh notice of any material Chang ial:on I e ce ev -dit of acceptable insurance, we have file right but no obligation. (a) to Obtain Insurance cove our imefee) land nnlc ro r�.t, hhe Fm..n - _. - -- -- .. _ ,.__ ..... ............. ,,,v �ye�,,,, ,ir,iv parry of namrny claims anc may be cancelled by us at any Ifine In !hat even; you rod; be regwred to pa - : adddronal am unt each month o Th2, rwra oGp Qe_mrum and an admiC stralive f�he may ba more than the w51 of of tar rite y u' own nsuranoe You agree Thai v.e r Ol:r affiliates play make a prpLl !n. connection with thn tsurance nl. YOU agree t0 cith us. our Insurer 8nc cloy dgen rr, one plice,nenl or coverage anc wt s Or• rb) we may waive tie Insurance z veme ^.t and charge you a monthly Property damage rgar n f of 0035 of the ongma equipment, cost ,c c0 \'al ^Ur Cr dmrmstretve costs and Outer CUalS slid On v. hiGh w: may make a pr0171 ( you later p,pVlr)e ewdence that you have (able insurance We N•J! Carver the F obtained or ,ease charg ng the surcharge �_ 9 !NDEMiNITY We are not responsible for any loss or injuries caused by the installation or use of the Equipment. Y defer se 10 TAXES AND SEES You agree to pay when rnvotced s1 taxes r ;filudnlg fines arid Penalties) and fees relating to this Agreement or the Equipment You agree to tat retrriburse us for all personal property taxes which we are feel to pay as Owner of the Equipment or It', radii to us each month our estimate of the monthly equivalent of the annual properly taxee to be assessed If you cc no! have a Sl OD purchase opt on, we will file all personal properly, use Or other tax returns and you agree to pay "a processing fee to! making st r-h ghn,s You agree to pay us up to 575 06 on the date the first payment is due as ar. origination fee V✓e rese :�ve the nghl to charge a fee upon termination of this Agreement either by trade-up buy -oul or delault Any fee Charged under this Agreement may include a profit and s subject to anpticabte taxes 11 ASSIGNMENT YOU HAVE NO RIGHT TO SELL TRANSFER, ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT. WO may set; assigr. Or transfer tins Agreement ardio• the Fouipment without notice Ycu acres that if we sell assron or transfer this Agreernenl and/or the Equipment the new lessor will have [tie Same rights and benefits trial we have new ano wr not have'o perform any of cur ottgat,ons YOU agree that the rights of the new Lessor will not be sublecl to any claims. defenses or set offs that you may have against us wit r di rn you arF notified of such assignment .is 12 DEFAULT AND REMED!ES )( you de not pay any lease paymer�o: other sum due to us or other party when due or If you break any of your promises in the Agreement or any other Agreement with us, you will be in pefault if any pan or a payr.lent is more tnalays !ate you agree to pay a late charge of 105.. of the payment which is late of if less the maximum charge allowed by taw it you ale ever in default, we may do any one or all of Plc followrnp tai Ostruct SUPPIter 10 withhold service . pans and supoties ardfo• void the Customer Confidence Guaranty, (b) retun your security ddpOSd. to) terminate or cancel this Agreement and/or any and all Schedules and require that you pay AS LIQUIDATED DAMAGES FOR LOSS OF BARGAIN AND NOT AS A PENALTY. the sun; of n; all past due and Current Monthly Payments for other perodic payments) and charges due under this Agreement and any Schedule (ii) the present value of alt remaining MunOUy Payments (or other periodic payments) and charges for (he remainder of the tent Of such Schedu %e, discounted at the rate of 455 per annum for the lowest rate permitted by few. whichever is raghar); and (Iu) the Present value (a' the some discount rate as specified :n clause f Iil abovef of the amount of any purchase option with respect ID the Equipment or if none is specified, our anticipated value of the Equipment at the and of the initial term of such Schedule (or any renewal Inereot}, and (d) require you Q return the Equipment to us to a location designated by us We may receve' interest On any ur:paid balance at the late of 81;�, per annum but m no event more Iran the lawful maximum rate WE may also use any of the remedies available IQ us under Article 2A of the Ur,form Commercial Code as enacted in the Stale of Lessor of is Assignee or any other law You agree to pay our reasonable costs of collection and enforcement including but rot limited to attorney's fees arid actual court costs relating to any farm arising under lnis Agreenenl including. but not limited to, any legal ad:on or re(erral for collection If we have to lake possession of the Equipment you agree lc pay tae cost of repossession. The let Proceeds of the sale of any repossessea Equipment will be credited against what you owe us YOU AGREE THA? WE WILL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL INDIRECT OR rNC!DE NTA.I DAMAGES FOR ANY REASON WHATSOEVER. You ayree that any delay or failure to enforce our nghls under this Agreement does not prevent us from enforcing any rights at a later little All of our rights are cumulative It Is further agreed that your fights and remedies are governed exclusively by this Agreement end you wave lessee's lights under Article 2A (508 -522) of the UCC 13 UCC FILINGS You grant us a security interest in (he Equipment it ttlis Agreement is deemed a secured transaction and you authorize us to recow a UCC -1 Lrlaacing statement Or so-,aaf instrument in order lc show cur Interest in the Equipment ?z SECURITY DEPOSIT The secunly deposit is norhinterest bearing and is to secure your performance under this Agreemen! Any security deposit made may be appiieo by is to satisfy ary arncunl owed by you, in which event you will prompby restore the secunly deposit to its full amount as set forth above h all conditions herein are fully complied with and provided you have not ever beer, in dsfau:l of this Agreernenl per paragraph 12. /lie security deposit will be re4inded t0 you after the return Of the equipment. inC_a7ceT /p'rdance with Daragraph 6 15 CONSENT TO LAW, JURISDICTION, AND VENUE This Agreement shall be deemed fully executed and performed �i�n the 1 ����D be governed by and construed :n seen dance with its laws if the Lessoi or its Assignee shaft bnr� any tud,clat proceeding in relation to any metier arising under the Agreement. (he Customer/ irrevocably agrees that any such matter may be aCjudged Or determined In any court or coins in the Customer's state of residence or uh an other court having or in any coon or courts �.n Y rig )unsdicoon over the ..ustomer or assets of the Customer. at at Ito sole elecllon of the Lessor The Customer hereby irrevocably subnuts generally and unenndrtionally In the prnsdicuon of any such court so elected by Lessor in relation (0 such matters YOU WAIVE TRIAL BY JURY IN ANY ACTION BETWEEN US ib LESSEE GJARANTY You agree to submf the original of the Agreement documents with the security deposit to the Lessor Via overnight coiner the same day of the facsimile or electronic marl In" smiss on Of the signed lease documents Should we fail to receive these originals, you agree to bound by the taxed of ele t"Onra9y'flatted copy Of this Agreement with appropriate signatures Lessee waives the right to challenge In court the authenticity of a faxed w electronically mailer, signed copy of this Agreement and the faxed or eiectron"Ily mailed copy containing your faxed or scanned signhue and our original signature shall be consice-ed !he sole original for all purposes, uulutl!ng vnlhoul ftmnahnn. any enlorcemerl action under paragraph 12 24710 - 01/1112010 Agallik For office use only (Check one): Z Branch ❑ Windsor ❑ Windsor Commercial STREET ADDRESS l P O BOX Master Premier APPLICATION NO_ BLDG : FLOOR r ROOM t SUITE CITY STATE ZIP CONTACT NAME AGREEMENT N0. _ CA 92223 SCHEDULE NO KONICA MINOLTA Lease Schedule LEGAL COMPANY NAME City of Beaumont DEPARTMENT NAME STREET ADDRESS t PO BOX —' Si. 550 E. 6'h BLDG i ROOM! SUITE CITY _ - -- - STATE Z +P BILLING CONTACT NAME Beaumont CA 92223 _ BILL TO PHONE NUMBFR' FAX NUMBFR �_ —� - -_ -_ - -_- FEDERAL TAX to NUMBER 951- 769 -8521 951 -769 -8525 Ey Prrv'C!ng 16k.-Phone num"%� for a cellular phrne o, other hr:eless del e. yo. aft exe,esary (. cx+sentng to rece'ring communtPlors (tar NON -a,We ng o. S2!C�latron pucpose5l ai Itknt numhcr, inn- .rdina but not Ism tc�J ia. ; eiecc: ded cr aMiaaf vaww message cats, teal messages and rats mao- LY a , autofnaht telepoone dabrg system from Lesso1 ano its afht2le, and arms This F.xores Content appoes to each such te�cMOne number I!,a; yot+ Plorde to "now 0, in the future and pemnte 9uv' call$. These e9i!s and nlessageL may "cuf 8ccess fees from yCuf cellulat pror del. LESSEE LEGAL NAME - -- DEPARTMENT NAME City of Beaumont STREET ADDRESS l P O BOX — v--- ..� - -_ -"— 550 E. 6'h St. BLDG : FLOOR r ROOM t SUITE CITY STATE ZIP CONTACT NAME Beaumont _ _ _ CA 92223 PHONE NUMBER FAX NUMBER -- 951- 769 -8521 951- 769 -8525 2 Bizhub Pro 950 (2j Bizhub C652DS Bizhub C360 - ❑ See attached schedule for additional Equipment /Accessories 36 Monthly Payments of $ $1,464.00 Security Deposit $ 0 (P7OS.) - -(ptus applicable razes) —pr —.�._ us applicable taxes) THIS SCHEDULE INCORPORATES ALL OF THE TERMS AND CONDITIONS OF THE MASTER PREMIER LEASE AGREEMENT IDENTIFIED ABOVE. LESSOR ACCEPTANCE Konica Minolta Premier Finance DATED L4 r I I- U it I I /ZU7 U Ask W KONICA MINOLTA NON - APPROPRIATION ADDENDUM ADDENDUM TO Agreement No. between Konica Minolta Premier Finance, Lessor And _City of Beaumont Lessee (Full Legal Name of Lessee) Dated: FOR MUNICIPALITIES ONLY A. CUSTOMER COVENANTS: You covenant and warrant that (1) it has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the payments scheduled to come due and to meet its other obligations under the Agreement and such funds have not been expended for other purposes: and (2) that there is no action, suit, proceeding or investigation pending, or threatened in any court cr other tribunal or competent jurisdiction, state or federal or before any public board or body, which in any way would (a) restrain or enjoin the delivery of the Agreement or the ability of you to make its Base Payments (as set out above): (b) contest or affect the authority for the execution or delivery of, of the validity of, the Agreement: or (c) contest the existence and powers of you: nor is there any basis for any such action, sult, proceeding or investigation; and (3) That the equipment will be operated and controlled by you and will be used tot essential government purposes and will to be essential for the term of the Agreement. (4) You have not previously terminated a rental for non - appropriation, except as specifically described in a letter appended hereto B. SIGNATURES: Each signor (two if monthly payment exceeds $1,200) warrants that he/she is fully conversant with the governing relevant legal and regulatory provisions and has full power and authorization to bind you. Signor(s) for you further warrant(s) its governing body has taken the necessary steps; including any legal bid requirements, under applicable law to arrange for acquisition of the Equipment; the approval and execution has been In accordance with all applicable open meeting laws: and that a resolution of the governing body of you authorizing execution of the Agreement has been duly adopted and remains in full force and effect. C NON APPROPRIATION: in the event you are in default under the Agreement because: 1. Funds are not appropriated for a fiscal period subsequent to the one in which the Agreement was entered into which are sufficient to satisfy all of your obligations under the Agreement during said fiscal period; 2. Such non - appropriation did not result from any actor failure to act of you; 3 You have exhausted all funds legally available for all payment due under the Agreement: and 4. There is no other legal procedure by which payment can be made to Lessor. Then, provided that (a) you have given Lessor written notice of the occurrence of paragraph C -1 above thirty (30) days prior to such occurrence: (b) Lessor has received a written opinion from your counsel verifying the same within ten (10) days thereafter, and (c) you do not directly or indirectly purchase, rent or in any way acquire any services or Equipment supplied or provided for hereunder; upon receipt of the equipment delivered to a location designated by Lessor, at your expense, Lessors remedies for such default shalt be to terminate the Agreement at the end of the fiscal period during which notice is given; retain the advance payments, if any; and /or sell, dispose of. hold, use or rent the equipment as Lessor in its sole discretion may desire, without any duly to account to you. Approved and agreed to as an Addendum to and pan of the Agreement. (his day of Konica Minolta Premier Finance DATED LESSOR S1GNgTURF. ___. _ FEDERAL TAX I D 27 - �..... PRINT NAME _.___ 24884 - 02105/2009 SELF - INSURED ADDENDUM Agreement # Addendum to Agreement # dated between C(`� sea � pto Vt- f – as Customer and —Of as Lessor. The Agreement imposes certain obligations on the Customer with respect to maintaining insurance on the equipment subject to such Agreement to cover risk of loss or damage to such equipment. Customer has indicated to Lessor that Customer will not carry insurance from a third party with respect to such risks. Rather, Customer will "self- insure" the equipment by maintaining sufficient liquid assets and overall financial strength to fully cover such risks. Customer acknowledges and confirms that, notwithstanding the foregoing, Customer remains solely responsible for risk of loss or damage to the equipment under the terms of the Agreement. Lessor further reserves the right to require Customer to purchase and maintain insurance from a third party to cover the foregoing risks in accordance with the terms of the Agreement upon any default by Customer under the Agreement or if Lessor reasonably determines that Customer does not have sufficient liquid assets or overall financial strength to adequately "self- insure" the equipment for such risks. Please indicate your agreement to the foregoing by signing where indicated below: Lessor Signature Title Date C c -pct Customers - -�— X Signature Title uate NOTE: SIGNER OF THIS ADDENDUM MUST BE SAME AS ON FRONT OF AGREEMENT. A FACSIMILE OF THIS AGREEMENT WITH SIGNATURE SHALL BE CONSIDERED TO BE AN ORIGINAL. 2021 Admbk I <ONICA MINOLTA City of Beaumont 550 E, 6`h St, Beaumont, CA 92223 Dear Elizabeth, This letter is to insure you that Konica Minolta stands behind our equipment and promises to service the equipment to the highest standards. We have provided you our Customer Confidence Guarantee which has strong assurances of our service commitment. In addition to that Guarantee we would like to give you additional language and recourse in case we do not live up to these guarantees. • If Konica Minolta Equipment is not working for a period of 16 business hours we promise to provide comparable loaner equipment until we are able to get your equipment functioning. We will provide this loaner within a 24 hour period. • If Konica Minolta fails to live up to this guarantee we will credit the monthly service expense forthat unit in any month that this takes place. We hope that these additional guarantees will give the City of Beaumont the confidence to move forward in this 36 month contract with Konica Minolta. Sincerely, Steve Rhorer KMBS Marketplace Vice President 71"i;! 63 0 7780 srhorer @kmbs.konicaminolta.us [Konica Minolta Business Solutions U.S.A., Inc AMk W . KONICAMINOLTA Standard CPC Maintenanc Sold To (legal names Sh,p To . ,Cro'snl i L Ine, lkl,llees LmC; 2 Sbeel I Add,e- pi Tax Exemption Name Address Line I Address I -m, 2 Scree! Address i !y 6c onioi�i zAal' LA. Z 9222a Ta, Exempl,or, Nunibe, IPO Required PO Number DO Expaw,ov Date, Standard CPC Maintenance Plan Cost Per Copy Effective Date: Billing for CPC contract: iJ -.ere! 1, (1, Contract Term (Months): 4S Di cz Overages billed: Lrj"r IDigital Support Service D-goal Suppon Ser,,ce (DDS) through the O'g,lal sllollo:" Center (Ds--) 'A!e 01 S10 00 Pet !M081 number monthly wall alllCimallrallv be added to the base pa), ';'1I!:'sS "j-'for"L' dcalrle$ DSS covorac by r;.Lheck,nt; lt,e loilo,ying payment beic). pe box Product Covered vered Under Contract tern -iit.n Meter Road Monthly T e Start Model Ptj!��Iion Serial Number T e CPC C onthl Min $ Overa e CPC (2) Elizhub Pro 950 Etv", C S S C 00170 C (2) Elizhub C652DS 4 'VV E"" QO 80 $ 0 00600 C BIV., 0.05600 r. c -S- 6 iliv Customer's Sl signature below acknowledges receipt and consent to KMBS Standard Maintenance Terms and Con�j Conditions "Schedule A dated 02-01-10, Not binding on KMBS until signed by KMBS Manager, Customer Name KMBS Representative Please P"'I 'Signawre KMBS Manager Dau A-111.1iled PsPresentaDVO of Customer ITille. Dec Tv L fie, EQ C-Pent O'ce, KMPS VV Lease Compari,, Dealt, P;: $4 . Acirc-ement 9 Customer Code 1: ronloilorp P"Ce Plan N Customer Code 2 Subfieet 4. Customer Code 3: Kev Operalor Conl3cf Phone Email Addt fAeler Read Coolac! phone Email Addr Accounts Pa able Uunlacl lPhone EmailAddr Special Instructions: Additional Documents Attached., � 1 111 C3 Pt�ce ExcEn [:) Tai E-E-p- aue F_1 -- Sales_Re�NUmber Originating Sales Rep Name (Please Print) - — ---- 7----A!—'# Order ordcr Taking -- r " ro C " � sed D"",,Jso (T (branch Namc) KONICA MINO-TA BUSINESS SOLUtIONS U 6 A., INC. 10D Vvji,j3MS Du,,, rljm%(, NJ 0144c, 261-8254000 WWw k-b, k—"-riolta Us STAFF REPORT TO: Mayor and City Council FROM: Elizabeth Urtiaga, Resources Director SUBJECT: Affant Communication Network Implementation and Management Agreement DATE: July 19, 2011 BACKGROUND /ANALYSIS: In 2007, Council approved the purchase of a Voice over IP (VoIP) phone system called Shoretel, which gave staff the ability to manage the City's phone system through a software interface directly from employee desktops. Shoretel has been a proven asset to City staff and has increased productivity. Since the City does not employ IT staff, contractual services are needed to maintain the phone system, in addition to other IT functions. This approach has enabled us to reduce operating costs while maintaining business operations. City staff met Affant Communications several years ago and have been pleased with their services and knowledge of phone networking, specifically the Shoretel VoIP phone system. They provide on -call maintenance services 10 hours per day, 5 days a week for all Shoretel phone services City -wide for a flat fee. If services were needed outside of their normal operating hours, the City would pay on a time and materials basis. Due to City staff's satisfaction with services provided by Affant Communications, City staff has negotiated terms for a network implementation and management agreement for the next three years (see attached). FISCAL IMPACT: Should Council approve the agreement, the annual impact to the General Fund would be $13,620. $RECOMMENDATION: Staff recommends Council approve the Network Implementation and Management Agreement with Affant Communications and authorize the City Manager to execute the agreement subject to review of the City Attorney. G� i ■ ■ affant Communication Network Implementation and Management Agreement Date: January 6, 2011 Client Name: City of Beaumont Financing Authority 550 E. 6th Street Beaumont, CA 92223 Attn: Elizabeth Urtlaga Email: eurtiaga ci.beaumont.ca.us Telephone: (951) 769 -8520 Prepared by: Ricky Monteilh 714- 338 -7128 rmonteilha_affant.com I mplementationst- affant. com (714) 338 -7111 Affant Support: Technical Team Ticketmanager 5- affant.com (714) 338 -7111 3146 Red Hill Ave., Suite 100 Costa Mesa, CA 92626 Table of Contents Tableof Contents ........................................................................................................ ..............................2 1) Terms ......................................................................................................................................... ..............................3 a) Billing Rates ............................................................................................................ ..............................3 b) Term Commitment ............. ............................... .) c) Cancellation Policy ................................................................................................. ..............................3 d) 'I'ermination ............................................................................................................. ..............................3 e) Warranties ............................................................................................................... ..............................4 f) Insurance ................................................................................................................. ..............................4 g) Limitation of Liability ............................................................................................. ..............................4 h) Confidential Information Defined ........................................................................... ..............................4 i) Non - Disclosure ....................................................................................................... ..............................5 J) Non- Circumvention ................................................................................................. ..............................5 k) Survival ................................................................................................................... ..............................5 1) Dispute Resolution .................................................................................................. ..............................5 m) Choice of Law / Venue ............................................................................................ ..............................6 n) Severability ............................................................................................................. ..............................6 o) No Third Party Beneficiaries .................................................................................. ..............................6 p) Binding Effect ......................................................................................................... ..............................6 q) Assignment .............................................................................................................. ..............................6 r) Counterparts ............................................................................................................ ..............................6 Exhibit A. Quote and Schedule .................................................................................. ..............................7 ExhibitB. Contacts .................................................................................................... ..............................8 Exhibit C. Customer Responsibilities & Requirements ............................................. ..............................9 Exhibit D. Basic / Advanced Moves, Adds and Changes ......................................... .............................10 Customer Initials 2 of 10 Agreement Number: 1) Terms a) Billing Rates Customer agrees to pay Affant for all maintenance services according to the fees set forth in Exhibit A. All non - maintenance work (equipment purchases, implementations, hourly work) must be pre - authorized by Customer. Customer acknowledges and agrees that annual Shoretel ShoreCare support will be invoiced directly to Customer and will be paid in total by Customer outside of this contract. Affant reserves the right to change its rates at any time; however, a payment schedule will not be modified without the written approval of Customer. Maintenance billing cycle is the 1st of the month through the last of the month, and bills are mailed monthly and due on a net 30 basis. Payments for maintenance service must be received by Affant before the covered month commences. Affant will not pro -rate fees for maintenance services unless otherwise specified in writing. Charges for additional work or products will be invoiced to Customer separate from maintenance charges and are due and payable on a net 30 basis. Rates for additional work or products are as agreed upon by approved customer contact. Any amount not paid when due shall bear a late payment charge, until paid, at the rate of 0.5% per month or the maximum amount permitted by law, whichever is less. b) Term Commitment This Agreement will be for a 36 (thirty six) month term (the "Initial Term ") effective from the date of this Agreement. If Affant is providing network implementation services for the maintained network, this Agreement shall commence on the first day of the month that any maintenance services are initiated on any part of the implemented network. Customer agrees to meet with a representative from Affant not less than 90 days prior to the expiration date of this contract to discuss renewal options. Should Customer choose to not extend the term and continue to receive services at a month -to -month cycle, the Customer account will incur a maintenance service rate increase of an additional 15% and will require sixty (60) days written notice to Affant of termination of service. c) Cancellation Policy • In the event of early cancellation of this Agreement by Customer, prior to the end of the Initial Term, Affant will refund to Customer any fees paid in advance of such cancellation within 60 days. • All non - maintenance charges must be paid in full before cancellation will become effective. • Non - maintenance charges include equipment purchases, implementations, hourly work. • If Customer terminates this Agreement except for a material breach during the first two years of this contract, Customer will pay to Affant an amount equal to three months of the then - current maintenance fees. If Customer terminates this Agreement except for a material breach during the third year of this contract, Customer will pay to Affant an amount equal to two months of the then - current maintenance fees • For security purposes, all cancellation requests must be signed by the City Manager or designee on the account. Any cancellation request must be made at least 30 days in advance of the cancellation. Any cancellation will be effective at the end of the billing cycle that falls on the 301h day following receipt by Affant of written notice of cancellation. Any cancellation by Affant or Customer will not relieve Customer of any obligations to pay fees accrued prior to such cancellation for any services that Affant has provided to Customer prior to the termination date. d) Termination This Agreement may be terminated earlier (in whole, or in respect of any Statement of Work) by either party (a) if the other party materially breaches a provision of this Agreement and fails to cure such breach within 30 days (ten days in the case of any non - payment) after receiving written notice of such breach from the non - breaching party or (b) immediately upon written notice, if the other party makes any assignment for the benefit of creditors, or a receiver, trustee in bankruptcy or similar officer is appointed to take charge of any or all of the other parry's property, or the other party seeks protection under any bankruptcy, receivership, trust deed, creditor's arrangement, composition or comparable proceeding or such a proceeding is Customer Initials 3 of 10 Agreement Number: instituted against the other party and is not dismissed within 90 days, or the other party becomes insolvent or, without a successor, dissolves, liquidates or otherwise fails to operate in the ordinary course. Upon expiration or termination of this Agreement for any reason, all rights, obligations and licenses of the parties hereunder shall cease, except that (a) Customer's liability to pay for services performed (and non - cancelable expenses incurred) prior to the termination date shall not be extinguished, and shall become due and payable on the termination date, (b) all other obligations that accrued prior to the effective date of termination and remedies for breach of this Agreement shall survive any termination and (c) the provisions of Sections 1(e) — 1(1) shall survive. e) Warranties Affant warrants and represents that it utilizes security procedures that are in line with customary industry standards. Affant warrants and represents that its system will be compatible with and interface with Customer's existing systems immediately following implementation. Any warranty claim under this section must be made in writing within 30 days after performance of the nonconforming service or implementation of the defective equipment. Affant's sole obligation and customer's exclusive remedy in respect thereof is to promptly and in a commercially reasonable time period, re- perform the nonconforming service or repair the equipment. Affant makes no warranty, representation or promise not expressly set forth in this agreement. Except as otherwise expressly set forth herein, the services and equipment related thereto are provided "as is." Affant does not warrant that the services or related equipment will satisfy customer's requirements or that the resulting network will be without defect or error or that the operation of the network will be uninterrupted or any errors which may be contained in the network can or will be fixed. To the fullest extent permitted by law, Affant hereby disclaims all other warranties, whether express or implied, oral or written, with respect to the deliverables and services, including, without limitation, all implied warranties of accuracy, integration, merchantability or fitness for any particular purpose and all warranties arising from any course of dealing, course of performance or usage of trade. t) Insurance During the term of this Agreement, Affant will maintain insurance as described below: (i) Workers' Compensation insurance in an amount equal to or greater than that required by applicable law. (ii) Commercial General Liability or other comparable broad form general liability coverage which includes coverage for bodily injury, property damage, advertising and personal injury, products - completed operations, and contractual liability in the minimum amount of $1,000,000 per occurrence and $2,000,000 in the annual aggregate. g) Limitation of Liability IN NO EVENT WILL AFFANT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR CONTINGENT DAMAGES WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, INCLUDING LOST OR DAMAGED DATA, LOSS OF BUSINESS, ANTICIPATORY PROFITS, OR ANY OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE USE OR OPERATION OF THE NETWORK OR THE MAINTENANCE THEREOF OR IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT AND WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT SHALL AFFANT'S LIABILITY IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO AFFANT HEREUNDER. NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS ON AFFANTS LIABILITY WILL BE INAPPLICABLE TO THE EXTENT THAT ANY SUCH DAMAGES ARE THE RESULT OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF AFFANT, ITS AGENTS OR EMPLOYEES. h) Confidential Information Defined Customer and Affant may, during the performance of the services hereunder, have access to and acquire knowledge of, including without limitation, methods; processes; formulae; compositions; inventions; machines; computer software; source codes; computer hardware; research projects; customer lists; pricing data; sources of supply; marketing, production, merchandising systems or plans associated with the other's business; electronic images data, systems and other information concerning the operation, business, Customer Initials 4 of 10 Agreement Number: financial affairs, products, customers, intellectual propriety rights or other aspect of the other party that may not be known to the general public ( "Confidential Information "). Notwithstanding the foregoing, "Confidential Information" also includes (i) Customer's project and components thereof (ii) the terms of the agreement by and between Affant and Customer, including, but not limited to billing rates; and, (iii) any information or material that the other party obtains from any third party that the disclosing party treats as proprietary or designates as Confidential Information, whether or not owned by the disclosing party. "Confidential information does not include information that the non - disclosing parry can document in reasonable detail to the disclosing party's satisfaction: (x) is known by the other party at the time of receipt from the disclosing party and is not subject to any other non - disclosure agreement between the parties; (y) is now, or hereafter becomes, generally known to the industry or public through no fault of the non - disclosing party; or, (z) is otherwise lawfully and independently developed by the non - disclosing party, or lawfully acquired from a third party without any obligation of confidentiality. i) Non- Disclosure Neither party may use, publish or divulge any Confidential Information to any third party without the other's prior, express, written approval, which the other party may withhold at its sole discretion. Both parties agree that Confidential Information will only be disclosed to those of its employees and consultants as is necessary to perform under this Agreement. Both parties shall cause its employees, agents and every other party it employs in connection with this Agreement to protect the Confidential Information from unauthorized use or disclosure with the same degree of care, but no less reasonable care, as the party uses to protect its own Confidential Information of like nature. Either party shall notify the other in writing in the event of any misuse or misappropriation of the Confidential Information that comes to its attention. In the event that either party is directed to disclose any portion of the Confidential Information in conjunction with a judicial proceeding or arbitration, the party required to disclose shall immediately notify the other thereof in writing. Upon the termination of this Agreement, each party shall immediately return all confidential information to the other party. j) Non - Circumvention During the term of the Agreement by and between Affant and Customer and for a period of twelve months thereafter (the non - circumvention period "), Customer and Affant respectively will not (i) have contact with an Affant or Customer employee to solicit, entice, or persuade any employee of Affant/Customer to leave the services of Affant/Customer for any reason or (b) procure employment for any Affant/Customer employee. It is understood that the damages to either party arising from a breach of the foregoing promise would be extremely difficult to calculate. As a result, in the event an Affant/Customer employee takes a position with Customer /Affant, the breaching party shall be responsible for the payment of an amount equal to three month's salary of that employee calculated based on the last paycheck received by the employee from Affant/Customer (the "Interference Fee "). The Interference Fee represents Affant's and Customer's best estimate of the damages associated with a breach of this provision, and not a penalty. k) Survival Termination of this Agreement by either party shall not affect the parties' respective obligations under this Agreement with respect to any obligations of confidentiality, non - disclosure and non - circumvention, or the obligation to pay for all services performed prior to the effective date of the termination. The parties agree that all provisions of this Agreement which operate to protect the rights of the individual parties will remain in force without regard to the termination of this Agreement by either party. l) Dispute Resolution In the event of a dispute between Affant and the Customer arising from this Agreement or the interpretation thereof, before filing a lawsuit, all parties agree to first submit the dispute to mediation with a mutually acceptable mediator, with each party bearing one -half (1/2) of the mediator's fees. Except as expressly set forth below, if any party files a lawsuit without complying with the foregoing requirement, that party shall waive its right to any attorneys' fees to which such party may be entitled to in such lawsuit under this Agreement. Notwithstanding the foregoing, if a party submits a written request to mediate a dispute to the other party and the latter fails to respond in good faith and to take reasonable steps to initiate mediation within fifteen (15) days of receipt of such notice, the party requesting the mediation will then be free to file a Customer Initials 5 of 10 Agreement Number: lawsuit and there will be no waiver of any entitlement to attorneys' fees under the preceding sentence. No provision of this Section 1(n) will, however, limit the right of a party to obtain provisional or ancillary remedies from a court of competent jurisdiction before or during the pendency of any mediation. m) Choice of LawNenue Both parties agree that this Agreement will be construed and governed by the laws of the State of California, without giving effect to its choice of law provisions. In the event that a dispute arises with respect to the terms of this Agreement, the parties agree that the exclusive and sole venue for resolution will be a court of competent jurisdiction within the County of Riverside, State of California and the parties agree to submit to the exclusive jurisdiction of same. n) Severability In the event that any provision of this Agreement is deemed invalid, illegal, or unenforceable, all other provisions of the Agreement that are not affected by such invalidity, illegality or unenforceability, will remain in full force and effect. Further, the parties hereby agree that any such provision deemed invalid, illegal or unenforceable will be reduced in scope, power or effect so that the provision is enforceable to the maximum extent permitted by law. o) No Third Party Beneficiaries Nothing in this Agreement, express or implied, is intended to or will confer on any person other than the parties and their respective successors or assigns any rights (including third -party beneficiary rights), remedies, obligations or liabilities under or by reason of this Agreement. This Agreement will not provide any third party with any remedy, claim, liability, reimbursement, cause of action, or other right in excess of those existing without reference to the terms of this Agreement. p) Binding Effect This Agreement is binding upon and will inure to the benefit of the parties and each of the party's respective heirs, executors, administrators, successors and assigns of the parties. q) Assignment No party may assign its rights or obligations under this Agreement, in whole or in part, without the prior express written consent of the other parties. r) Counterparts This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Effective Date: 12/3/2010 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first set forth above for a term of three (3) years. Agreement Number: 30 -2199M City of Beaumont Financing Authority Affant'Communication, In . J Name: `Name: Date: Date: Title: Title: Z` Customer Initials 6 of 10 Agreement Number: Exhibit A. Quote and Schedule Name: City of Beaumont Project: Maintenance Renewal Coverage: Custom Schedule 1: Mon -Fri 7:30 am — 5:30 pm Description Oty. Switches: ShoreGear 50 ShoreGear 60 ShoreGear T1 ShorePhones: IP560 IP210 IP230 — Black IP560 — Black Licenses: Agent call manager Operator call manager Extension and Mailbox Extension only Mailbox only Affant Assured Proactive monthly maintenance: 1 3 2 13 33 49 4 14 6 89 24 $1,135 /mth. Customer Initials 7 of 10 Agreement Number: Exhibit B. Contacts Account Executive: Ricky Monteilh Single point of contact and (714) 338 -7128 management of AFFANT rmonteilh @affant.com activities. Technicians: Staff Maintenance Support: Report Trouble Customer Support Tickets, trouble- shooting, Level 1 (714) 338 -7111 through 3 support ticketmanager @affant.com Accounting: Maira Ferreira Handles invoices and all areas of Direct (714) 338 -7118 accounts receivable. Fax (714) 338 -7101 Customer Contact: Elizabeth Urtiaga E Implementation Email: ® Maintenance eurtiaga @ci.beaumont.ca.us ® E -mail Notifications Telephone: (951) 769 -8520 Customer Contact: E Implementation E Maintenance E E -mail Notifications Customer Billing: E E -mail Invoices Other: Other: Other: Customer Initials 8 of 10 Agreement Number: Exhibit C. Customer Responsibilities & Requirements Item Description Response Customer Contact Appoint Customer Network Implementation Manager as a single point of contact with AFFANT. Customer Contacts per Site Appoint Customer Personnel at each site who can operate the network application during scheduled activity. Design Requirements Provide AFFANT with design requirement information including but not limited to Network Strategy, Network Goals, Network Applications, Technical Specifications, Carrier Services, Network Logistics, Timing Schemes, and Third Party Equipment • Assure that appropriate electrical power interfaces are provided for the AFFANT equipment per the product specifications. • Assure that appropriate environmental conditions are approved for the AFFANT product specifications. • Assure that proper telco demarcation type is provided per the AFFANT product specifications. • Assure that distance of the cable run between telco demarcation and AFFANT equipment is within the cable length ordered for connection. • Assure that all cable routing under floors, through walls, over ceilings or in cable trays is completed prior to the AFFANT equipment installations. • Provide a Primary contact or contacts per site to manage the physical installation of equipment as labeled by the Affant implementation staff for implementation. • Meet with AFFANT prior to network installation to review installation strategy, site readiness, and personnel availability for support and site access. • Provide an equipment arrival notice to the AFFANT Account Executive when AFFANT equipment or third party equipment arrives at each site, or when services by third -party providers such as common carriers are completed. • Assure AFFANT equipment box delivery to the correct installation location. • Notify AFFANT Account Executive of short shipped equipment immediately. • Notify Affant or file insurance claims with freight carriers for equipment damaged in transit. • Assure telco circuit installations and certify carrier line quality prior to AFFANT installation visit. • Provide a dedicated, direct access, single line telephone interface for configuration modems at each site. • Notify the AFFANT Account Executive 24 hours in advance when delay in implementation of a site is necessary due to business, weather, local emergency or other mitigating matters. • Assure that AFFANT or its representative is specifically designated as a contact for the installation of the circuits from any carriers involved. Customer Initials 9 of 10 Agreement Number: Table: Exhibit D. Basic /Advanced Moves, Adds and Changes No Proposal Needed Signed Proposal Required Maintenance Clients Only Service / Labor Project BMAC Outside Maintenance Schedule Charged Hourly AMAC (Maintenance Clients) Flat Rate Hourly Within Maintenance Schedule w /in 48 Hours at No Charge Implementation Flat Rate Hourly Definitions: BMAC - Basic moves, adds, and changes (bMACs) are provided at no additional charge within 48 hours of request. Typical response is same -day. bMACs include: adding and deleting security rule sets on existing systems; adding and deleting users; modifying passwords; changing security rights; etc. In general, anything that can be done on an "as available" basis (hence the "48 hours" policy) and does not involve interacting with any third parties (meaning some party other than the direct Affant client) and does not involve adding new extraneous devices is included. Requests for bMACs are directed to the Customer Service team via email or phone. BMAC Examples: Adding and deleting security rule sets on existing systems Adding and deleting users Modifying passwords Changing security rights IPS specific BMACs Appliance firmware upgrades Definition updates Quarantine review and investigation upon request Rule set additions, modifications, deletions Rule set performance review and tuning Custom rule set creation Report creation and modification Real time review of metrics, stats aMAC — AMAC's are billable projects that are not quite a full blown implementation yet definitely fall outside of the BMAC. AMACs do not include testing or configuration of new hardware. In most cases, AMACs can be completed within one week. aMAC Examples: Configuration changes that involve 5 or more sites. Configuration wipe and types (default rebuilds). Software upgrades. Configuring a meshed network. Modifications requiring a change in firewall "mode" (Le. route - based) Configuration changes that involves network re- design such as adding new networks or vlans or creating a DMZ. Initial configuration of remote access. (Client to Gateway VPN) Implementing network redundancy or fail -over Implementing a routing protocol. Changes that involve working with or coordinating a 3r° party Communication to 3nd Party Router / Firewall / VPN Gateway / Phone System Change of carrier involving porting of numbers for an existing phone system Hourly rates: Monday — Friday, 9:00 am — 5:00 pm - $145.00 Monday — Friday, 7:00 am — 9:00 am, 5:00 pm — 9:00 pm - $195.00 All other hours (holiday and weekends) - $245.00 Customer Initials 10 of 10 Agreement Number: Agenda Item No. 'S - o STAFF REPORT To: Honorable Mayor and City Council Members From: Economic Development Dept Date: July 19, 2011 Subject: City of Beaumont Redevelopment Update Background: The City of Beaumont Redevelopment Agency was formed in 1993, and since that date has spent over $30.5 Million dollars on RDA projects. The City has future RDA projects with estimated costs totaling over $36 million. City Council's FY 11 -12 Capital Improvement Plan (CIP) RDA project funding totals $1.7 million dollars. The City has nut a hold on any new RDA work, including some of the Economic Stimulus Plan Benefits to residents and businesses until a decision has been made. Since the last update, the California State Legislature approved a budget and companion bills related to the budget. Two of these Bills, AB 1X 26 and AB 1X 27, were enacted and signed by Governor Brown. These two bills require that each redevelopment agency be dissolved unless the community that created it enacts an ordinance committing it to make certain payments. This has already affected some of Beaumont's residents by putting holds on current programs, as well as future projects throughout the City of Beaumont RDA Project Area. Analysis: Staff has reviewed and analyzed the two companion Bills currently being circulated in Sacramento. • AB 1X 26 - Eliminates RDA's Statewide o All Assets are dissolved into Successor Agency (Rules to be determined by State of CA) • AB 1X 27 — Allows for "ransom" payment to allow RDA's to remain o Must Make Ransom Payment to be able to operate o City of Beaumont FY 11 -12 Payment= $1.2 million ■ State will allow LMIHF to be used for FY 11 -12 payment 0 City of Beaumont FY 12 -13 Payment AND each year thereafter = $285,000 Option 1: Do Nothing • Allow the State to dissolve Beaumont's RDA • Will shut down affordable housing programs Statewide • Will prohibit use of RDA funds to leverage future Grants (Infrastructure Improvements) o CDBG and SB821 Safe Routes to School Grant • All recently approved CIP RDA Projects will be put on Hold o Regional Park Facilities, Magnolia Street Repair, Palm Ave Storm Drain at 61h Street • All Current AND Future RDA Proiects/Programs will be suspended o Will Terminate Economic Stimulus Plan Functions: ■ Fagade Program ■ Expanded Neighborhood Improvement Program (Residential and Commercial) ■ Park and Library Upgrades o Public Improvements ( sidewalk and sewer replacements, rehab projects for streets and storm drains, bikeway /pedestrian trails, community center projects) o Property Owner Assistance Programs to incentivize business expansion and job creation Option 2: Opt -In and Make Payment to State of California • FY 11 -12 = $1.2 million (estimated) • FY 12 -13 and EVERY year after = $285,000 (estimated) • Will shut down affordable housing programs for at least 1 year • Allows for Beaumont's RDA to continue to operate Financial Impact: Staff has determined that either option will have a great impact on City Finance. Staff plans to prepare a multi -year cash flow analysis report on the long term implications of these two bills. Staff will bring back options for City Council, each with its own analysis. Recommendation: Staff recommends the City Council receive and file the report with the City Clerk. Respectfully submitted; CITY OF BEAUMONT Kyle Warsinski Community Development Analyst City of Beaumont 2011 -2012 Capital Improvement Plan Project Priority Summary for New Projects Rank Facility Priority Estimated Budget Redevelopment Agency - Joint Projects - Available Funding $700,000 1 Regional Park Facilities $724,055 Total $724,055 Redevelopment Agency Projects - Available Funding $1,000,000 1 Old Town Street and Sewer Repair $871,500 2 Palm Avenue at Sixth Street Storm Drain $215,136 Total $1,086,636 3 Palm Avenue Storm Drain at SCE Easement $791,384 4 Elm Avenue Storm Drain $732,185 5 Beaumont Housing Rehabilitation $250,000 Subtotal $1,773,569 Street Repair and Traffic Signal Upgrades - Available Funding $1,000,000 Street Repairs Oak Valley Parkway - Beaumont Avenue to Michigan Avenue 1 Pavement Management - See CIP Map $162,500 2 Eighth Street - Pennsylvania Avenue to Xenia Avenue $301,840 3 Xenia Avenue - Sixth Street to Eighth Street $101,868 4 Pennsylvania Avenue - First Street to Potrero Boulevard $83,650 5 Downtown Alley Rehabilitation $40,000 6 Golf Club Drive Median Break - Rite Aid Center $39,404 7 Palm Avenue - Fifth Street to Sixth Street $57,600 Traffic Signal Upgrades 8 Pennsylvania Avenue and Sixth Street Protected Left Turns $49,800 9 Beaumont Avenue Signal Synchronization - OVP to CVB $87,150 10 Cougar Way Protected Left at Beaumont Avenue $49,800 11 Beaumont Avenue and Sixth Street Right Turn Pocket Upgrade $93,375 Subtotal $1,066,987.25 12 Oak Valley Parkway - Beaumont Avenue to Michigan Avenue $334,650 13 Brookside Avenue - Cherry Avenue to City Limits $150,130 14 Pennsylvania Avenue - First Street to Potrero Boulevard $83,650 15 Beaumont Barrio Street Repairs $86,400 16 Beaumont Avenue - Sixth Street to Oak Valley Parkway $896,000 17 Fifth Street - Beaumont Avenue to California Avenue $96,000 Subtotal $1,312,180 City of Beaumont 2011 -2012 Capital Improvement Plan Preliminary Budget Summary Facility /Description Source of Funds Estimated Cost Redevelopment Agency Projects Old Town Street and Sewer Repair Project RDA $871,500 Palm Avenue at Sixth Street Storm Drain RDA $215,136 Civic and Community Center Expansion RDA $1,002,225 Regional Park Facilities RDA Joint Funds $724,055 Downtown Underground Utility Project Rule 20A Proceeds $976,640 Sidewalk Improvement Project CDBG and SB 821 Grants $1,332,150 Subtotal $5,121,706 Beaumont Utility Authority Projects Maximum Benefit and SSMP Implementation Wastewater Enterprise $650,000 Wastewater Treatment Plant Upgrades Wastewater Enterprise $2,346,950 Subtotal $2,996,950 Transportation and Street Repair Projects Brookside Avenue Crossing of Noble Creek RDA/BUSD Agreement $1,659,647 Historic San Timoteo Canyon Bike & Ped. Facilities TE Grant $1,760,663 State Route 60 /Potrero Boulevard Interchange Transportation Funds $4,500,000 State Route 60 Overpass at State Route 60 Grants and AD No. 98 -1 $10,330,282 Fourth Street/Potrero Boulevard Extension CFD No. 93 -1 $5,441,667 Golf Cart Transportation Facilities Transportation Funds $39,404 Pavement Management and Street Repair Gas Tax and Trans. Funds $1,593,149 Traffic Signal Upgrades Transportation Funds $280,125 Subtotal $25,604,938 Total $33,723,593 Redevelopment Agency Projects Old Town Street and Sewer Repair Project Palm Avenue at Sixth Street Storm Drain Civic and Community Center Expansion Regional Park Facilities Downtown Underground Utility Project Sidewalk Improvement Project Subtotal Beaumont Utility Authority Projects Maximum Benefit and SSMP Implementation Wastewater Treatment Plant Upgrades Subtotal Transportation and Street Repair Projects Brookside Avenue Crossing of Noble Creek Historic San Timoteo Canyon Bike & Ped. Fealties State Route 60JPotrero Boulevard Interchange Potrero Boulevard Overpass at State Route 60 Fourth StreoUPotrero Boulevard Extension Golf Cart Transportation Faciities Pavement Management and Street Repair Traffic Signal Upgrades Subtotal Gas Tax :DBG /SB 82118USt' Exhibit B -1 Total Funds Rule 20 A Grants City of Beaumont _.. Project $0 $0 Capital Improvement Plan 2011 - 2012 _.$871,500 $0 $0 Sources and Uses of Funds $215,136 Sewer Enterprise RDA Citywide RDA Transportation TE /Transportation. Funds Capital Funds Mitigation Funds Special Funds Funds Grants $0. $871,500,$0 _$0._$0 -$0. $0 $215.136 $0 $0. $0 $0 $0 $1,002,225 $0 $0 $0 $0 $0 $0 $0 $724,055 $0 $0 $0 $192,190 $0 $0 $0 $0 $0 $262,150 $0 $0 $0 $0 $0 $2,543.201 $0 $724,055 $0. $0 Gas Tax :DBG /SB 82118USt' BUAJBFA Total Funds Rule 20 A Grants Funds ._ _$0 _.. Project $0 $0 $2,346,950 _.$871,500 $0 $0 $0 $215,136 $0 $0 $0 $1,002,226 $0 $0 $0 $724,065 $0 $784.450 $0 $976,640 $0 $1,070,000 $0 $1,332,150 $0 $1,854,450 $0 $6,121,706 $650,000 $0 $0 $0 $0 $0 $0 $0 $0 $660,000 $2,346,950 $0 $0 $0 $0 $0. $0 $0 $0 $2,346,950 $2,996,950 $0 $0 $0 $0 $0 $0 $0 $0 $2,996,960 $0 $0 $0 $800000 $0 $0 $0 $600.000 $259.647 $1,659,647 $0 $0 $0 $0 $0 $1,414.188 $0 $0 $346,476 $1,760,663 $0 $0 $0 $0 $1,000.000 $3,500,000 $0 $0 $0 $4,600,000 $0 $0 $0 $0 $6,707,976 $3,000,000 $0 $0 $0 $9,707,975 $0 $0 $0 $0 $0 so $0 $0 $5441 667 $6,441,667 $0 $0 $0 $0 $0 $0 $0 $0 $39,404 $39,404 $0 $779,638. $0 $0 $Q $0 $503000 $0 $313,511 $1,693,149 $0 $0 5280.125. $0 $0. $0 $0 $0 $0 $280,126 $0 $779.638 $280,1 25 $800,000 $7,707,976 $7.914,188_ $5U0 000 $600,000 $6,400,705 $24,982,632 Item City of Beaumont Report Date: July 19, 2011 Staff To: Mayor and City Council From: City Manager Nubject: UALIVUHNIA ENERGY EFFICIENCY STRATEGIC PLAN IMPLEMENTATION Summary: The City of Beaumont has been chosen to receive a grant for an amount of up to $110,000 to promote energy efficiency. The grant is another step in our continuing, long term commitment with our "Home Town Electric Company ". Analysis: The tasks are designed to promote energy efficiency through leading in the adoption and implementation of "reach" codes stronger than Title 24 on both mandatory and voluntary bases. It will continue to promote a strong support from local governments for energy code compliance enforcement. It will continue our ongoing lead by example with our own facilities and energy usage practices. Fiscal Impact: Work on the Grant can receive reimbursement up to $110,000, with much of the work planned to be accomplished by existing staff. No General Fund expense in excess of the reimbursement amount is anticipated. Recommendation: Accept Grant and direct City Manager to sign and send. Attachment(s): Agreement with Exhibit C. Kapan'i6as, City Manager SOUTHERN CALIFORNIA EDISON CALIFORNIA ENERGY EFFICIENCY STRATEGIC PLAN IMPLEMENTATION CONTRACT City of Beaumont Strategic Plan Activities THIS CONTRACT FOR SERVICES ( "Contract ") is by and between SOUTHERN CALIFORNIA EDISON ( "SCE ") and City of Beaumont ( "Implementer "), which. Contract shall be effective as of ( "Effective Date "). SCE and Implementer may be referred to herein individually as a "Party" and collectively as the "Parties. WHEREAS, on October 1, 2009 in Decision 09-09-47, the California Public Utilities Commission ( "Commission ") authorized certain energy efficiency programs, including the Energy Leader Partnership Program for the 2010-12 program cycle WHEREAS, in Decision 09-09-047, the Commission further authorized SCE to conduct a solicitation for certain energy efficiency strategic planning activities in connection with, and to support, its approved Energy Leader Partnership Programs and local governments generally; WHEREAS, SCE has selected the Implementer to implement the City of Beaumont Strategic Plan Activities (referred to hereinafter as the "Program "), promoting long -term energy efficiency and climate action activities; WHEREAS, the Implementer shall implement the Program for the benefit of certain participating governmental jurisdictions and their constituents; WHEREAS, the Parties desire to enter into an agreement that supersedes any and all previous agreements, and sets forth the terms and conditions under which the Program shall be implemented with respect to the Parties; and NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1.0 DEFINITIONS: All terms used in the singular will be deemed to include the plural, and vice versa. The words "herein," "hereto," and "hereunder" and words of similar import refer to this Contract as a whole, including all exhibits or other attachments to this Contract, as the same may from time to time be amended or supplemented, and not to any particular subdivision contained in this Contract, except as the context clearly requires otherwise. "Includes" or "including" when used herein is not intended to be exclusive, or to limit the generality of the preceding words, and means "including without limitation." The word "or" is not exclusive. 1. 1. Business Day: The period from one midnight to the following midnight, excluding Saturdays, Sundays, and holidays. 1.2. Calendar Day: The period from one midnight to the following midnight, including Saturdays, Sundays, and holidays. Unless otherwise specified, all days in this Contract are Calendar Days. 1.3. Contract: This document issued by SCE to Implementer, as may be amended in writing as provided herein, which authorizes the Work, states the terms and conditions, and incorporates by reference the Statement of Work and any other referenced documents, if applicable, all of which form the agreement (Contract) between the Parties, with the following priority in the event of conflicting provisions: Amendments, from the most recent to the earliest; the Statement of Work; this Contract; and any other referenced documents. 1.4. Energy Efficiency Measure (or Measure): As used in the Commission's Energy Efficiency Policy Manual, Version 4, August 2008. 1.5. EM &V: Evaluation, Measurement and Verification of the Program pursuant to Commission requirements. 1.6. Implementer Budget: The approved maximum budget for funding the performance by Implementer of the Program, as set forth in the Statement of Work attached hereto as Exhibit A. 1.7. Incentive: As used in the Commission's Energy Efficiency Policy Manual, Version 4, August 2008. 1.8. Jobsite: An SCE facility or designated third party property at or for which the Work is performed. 1.9. Participating Municipality: Those jurisdictions or member cities that: (i) are located in SCE's service territory; and (ii) have been selected by SCE and Implementer to participate in the City of Beaumont Strategic Plan Activities as set forth in the Statement of Work. 1.10. Program: The City of Beaumont Strategic Plan Activities program. 1.11. Public Goods Charge (PGC): The funds which makeup the Implementer Budget and which are collected from electric utility ratepayers pursuant to Section 381 of the California Public Utilities Code for public purposes programs, including energy efficiency programs approved by the Commission. 1.12. Statement of Work (SOW): A statement of the tasks to be performed by the Implementer, commercial terms including the Implementer Budget, reporting requirements and other necessary information, as set forth in Exhibit A and incorporated herein as part of this Contract, as such SOW may be modified from time to time as provided herein. 1. 13. Subcontractor: An entity contracting directly or indirectly with a Party, or any Subcontractor thereof, to furnish services or materials as part of or directly related to such Party's Work obligations. 1.14. Work: The work authorized by SCE for the Program as set forth in this Contract and as more fully described in the SOW attached hereto as Exhibit A. 2. PURPOSE The Program is funded by California utility ratepayers and is administered by SCE under the auspices of the Commission. The purpose of this Contract is to authorize the expenditure of PGC funds to Implementer for services performed pursuant to the terms of this Contract and to set forth the terms and conditions under which the Program will be implemented. The work authorized pursuant to this Contract is not to be performed for profit. The Program was designed in furtherance of California's Long-Term Energy Efficiency Strategic Plan adopted by the Commission in 2008 ( "Strategic Plan "). The Strategic Plan was formulated and developed through a collaborative effort among key stakeholders, including local governments, SCE and other California investor-owned utilities, and the Commission's Energy Division, and provides a strategic menu list of options that local governments can address during the 2010-2012 program cycle. The goal of the strategic plan menu is to present activities centered on energy efficiency and to address the "Big, Bold" strategies found in the Strategic Plan. The strategies are designed to embed and institutionalize energy efficiency in policies, programs, and processes within local governments. 3. AUTHORIZED WORK 3.1. Scope. The Work authorized under this Contract is set forth in the Statement of Work (Exhibit A) and shall be performed pursuant to the terms of this Contract. 3.2. Goals and Objectives. The Program is designed to meet the specific goals, objectives and milestones within the schedule and budget set forth in the Statement of Work (Exhibit A). 4. OBLIGATIONS OF PARTIES 4.1. General Obligations of Implementer. 4.1.1. Implementer will appoint a Program representative ( "Implementer Representative ") who will be the primary contact between SCE and Implementer, and who will be authorized to act on behalf of Implementer in carrying out its obligations under this Contract. Such appointment shall be communicated in writing to SCE's designated Contract Program Manager within ten (10) Business Days following execution of this Contract. 4.1.2. Implementer shall be responsible for achieving the goals and objectives and producing the deliverables as set forth in the Statement of Work. 4.1.3. Implementer shall perform its Work obligations within the Implementer Budget and in conformance with the schedule associated with such Work as set forth in the Statement of Work, and shall furnish the required labor, equipment and material with the degree of skill, care and professionalism that is required by current professional standards. 4.1.4. Implementer shall be primarily responsible for coordinating the preparation of all Program-related documents, including all required reporting of Implementer pursuant to Section 9, and any such other reporting as may be requested by SCE. Implementer shall obtain the approval of SCE prior to usage of any SCE Program documents or other energy efficiency program documents or materials offered by SCE. 4.1.5. Upon reasonable request, Implementer shall submit to SCE all contracts, agreements or other requested documents with Implementer's Subcontractors performing Work for the Program. 4.2. General Oblivations of SCE. 4.2.1. SCE will appoint a Program representative ( "SCE Representative" or "Contract Program Manager" ( "CPM ")) who will be the primary contact between SCE and Implementer, and who will be authorized to act on behalf of SCE in carrying out SCE's obligations under this Contract. 4.2.2. SCE shall administer the PGC funds authorized by the Commission for the Program in accordance with this Contract. 5. MARKETING 5.1. Marketing Materials. Implementer shall obtain the approval of SCE when developing Program marketing materials and prior to distribution, publication, circulation, or dissemination in any way to the public by Implementer or by a Participating Municipality. In addition, all advertising, marketing or otherwise printed or reproduced material (including website material) used to implement, refer to or is in anyway related to the Program must contain the respective name and logo of SCE and, at a minimum, the following language: "This Program is funded by California utility ratepayers and administered by Southern California Edison under the auspices of the California Public Utilities Commission. " 5.2. Outreach. Implementer shall obtain the approval of SCE prior to implementation by Implementer or a Participating Municipality, of any public outreach activities or campaigns for the Program (exhibits, displays, public presentations, canvassing, etc.), and any marketing materials used in connection with such outreach activity shall comply with all requirements of Section 6 of this Contract. 5.3. Use of SCE Name. Implementer must receive prior review and written approval from SCE for the use of SCE's name or logo on any marketing or other Program materials. Implementer shall allow five (5) Business Days for SCE review and approval. If Implementer has not received a response from SCE within the five (5) Business Day period, then it shall be deemed that SCE has disapproved such use. 5.4. Use of Commission's Name. No Party may use the name of the Commission on marketing materials for the Program without prior written approval from the Commission staff. In order to obtain this written approval, SCE must send a copy of the planned materials to the Commission requesting approval to use the Commission's name and/or logo. Notwithstanding the foregoing, the Parties shall disclose their source of funding for the Program by stating prominently on marketing materials that the Program is "funded by California ratepayers under the auspices of the California Public Utilities Commission." 6. CONTROL OF WORK 6.1 Compliance with Work Schedule: Implementer shall perform the Work in compliance with the Work schedule set forth in the Statement of Work. If performance of the Work (including any task, or achievement of any goals or objectives outlined in the Statement of Work) is delayed beyond the schedule for any reason, or if Implementer is aware that such Work will be delayed for any reason, Implementer shall notify the SCE Representative within thirty (30) Business Days in writing. SCE may, in its sole discretion, accept the delay, reduce the Work and Implementer Budget accordingly, or terminate the Contract, within thirty (30) Business Days following receipt of such written notice of delay from Implementer. Failure of Implementer to notify SCE in writing of such delay in the Work schedule within thirty (30) Business Days shall constitute a breach of this Contract and SCE may exercise any of the remedies set forth in this Section or in Section 23. 6.2 Chanzes to Work: 6.2.1 Changes. SCE may at any time make changes to the Work including additions, reductions, and changes to any or all of the Work, as directed in writing by the SCE Representative. Such changes may be made with a Change Order. The Implementer Budget and Work schedule shall be equitably adjusted, if required, to account for such changes and shall be set forth in a Change Order. 6.2.2 SCE Authority To Shift Funds Or Modify: SCE, in its sole discretion, may reallocate funds among the programs in its energy efficiency portfolio, or modify in anyway the program, funding or Work. In the event that SCE elects to change or modify the funding, program or Work, Implementer shall be notified in writing and if applicable by a Change Order to this Contract. Such Change Order will specify any changes to the Implementer's Scope of Work and may increase, decrease, or terminate overall program funding. 6.3 Stop Work Procedures: SCE may suspend Implementer's Work at any time upon notice to Implementer for convenience or for cause, including, without limitation, program funding, program implementation or management, safety concerns, fraud or complaints. Implementer shall stop performing the Work immediately upon receipt of such notice. Implementer shall resume the Work only upon receiving written notice from SCE that it may do so. . 6.4 Key Personnel: Implementer shall deliver to SCE a list of Implementer's key personnel prior to commencing the Work. Any change to Implementer's key personnel shall be pre-approved by SCE; provided, however, that an unplanned personnel change shall be reported to the SCE Representative immediately. The Implementer shall designate a person that shall coordinate all Work and communicate regularly for the Implementer with the SCE Representative. Implementer shall promptly replace any key personnel if requested by the SCE Representative, provided however, that this provision does not in any way require, endorse or approve (expressed or implied) the termination of employment by the Implementer of any employee replaced under the terms of this paragraph. 6.5 Subcontractors: Any Work subcontracted by Implementer shall be identified as such in the Contract and any Work subcontracted to an Implementer's affiliated entity shall be similarly specifically identified. For any subcontracted Work, the prior written approval of the SCE Representative shall be required for each Subcontractor, the activities to be performed, and the related charges. Implementer shall at all times be responsible for the Work, and for the acts and omissions of Subcontractors and persons directly or indirectly employed by them. Implementer shall be solely responsible and liable for ensuring that the terms and conditions of all subcontracts are in accordance with this Contract, including but not limited to all invoicing requirements. Any review or approval by SCE of a Subcontractor or a subcontract shall not relieve Implementer of its obligations hereunder. 6.6 Additional Instructions: If Implementer receives any verbal or written instructions for performance of Work from SCE personnel other than the SCE Representative, Implementer shall promptly reconfirm such instructions with the SCE Representative and request that a corresponding Change Order be issued as necessary. 6.7 Emergencies In an emergency endangering life or property, Implementer shall: a) perform Work or such other services or work as is necessary to meet the emergency; and b) immediately notify SCE. 6.8 Drafts: Draft copies of required reports shall be submitted to the SCE Representative for review for contractual compliance, satisfaction of SCE needs and good professional practices, comments, and approval, prior to the due date of such reports. 6.9 Inspection: SCE authorized representatives shall have the right of access to and inspection of Implementer's facilities and/or locations at reasonable times during regular business hours regarding performance of the Work. 6.10 Uncontrollable Forces: Implementer shall not be liable for delay in the Work Schedule or inability to perform the Work due to any cause beyond its reasonable control, such as strike, flood, fire, lightning, epidemic, quarantine restriction, war, sabotage, act of a public enemy, earthquake, or critical material unavailability; provided that Implementer promptly notifies SCE in writing of the nature, cause, date of commencement, and expected impact of the event and has exercised due diligence in proceeding to meet the Work Schedule. SCE shall extend the Work Schedule for an equitable period due to such causes without any change in the Contract price. 7. FITNESS FOR DUTY / JOBSITE ACCESS REQUIREMENTS 7.1 Fitness for Duty: 7.1.1 Implementer and its Subcontractor personnel on a Jobsite: (i) Shall report for work in a manner fit to do their job; (ii) Shall not be under the influence of or in possession of any alcoholic beverages or of any controlled substance (except a controlled substance as prescribed by a physician for such person so long as the performance or safety of the Work is not affected thereby); and (iii) Shall not have been convicted of any serious criminal offense which, by its nature, may have a discernible adverse impact on the business or reputation of SCE. 7.1.2 Inspection: Searches by SCE authorized representatives may be made of lockers, storage areas, vehicles, persons or personal effects on SCE owned, or leased property at various times without prior announcement. Such facility inspections may be conducted using detection dog teams to search work areas and other common areas in order to detect evidence of unlawful drug use or the presence of pyrotechnics, explosives, firearms, weapons, or facsimiles thereof, alcoholic beverages and illegal drugs ( "Prohibited Items "). Prohibited Items must not be brought onto, or kept on, SCE property. 7.1.3 Compliance: Implementer shall advise its employees of the requirement of this Section 7.1 ( "Fitness for Duty Requirements ") before they enter on the Jobsite and shall immediately remove from the Jobsite any employee determined to be in violation of these requirements. Implementer shall impose these requirements on its Subcontractors. SCE may cancel the Contract if Implementer violates these Fitness for Duty Requirements. 7.2. JOBSITE ACCESS REQUIREMENTS 7.2.1 Notification of Convictions: During application for Jobsite access, and/or during the Work, Implementer shall immediately notify SCE whenever Implementer becomes aware of evidence that any Implementer's or its Subcontractors' employee, who has, or will have, Jobsite access, has been convicted of a serious criminal offense. 7.2.2 Visitor Badae Requirement: All visitors to a particular Jobsite must comply with that Jobsite's visitor access requirements. 7.3. Sexual Harassment: SCE supports a diverse work force and prohibits unlawful employment discrimination and harassment of every kind, including sexual harassment, in accordance with state and federal laws. Whenever present on SCE property or facilities, Implementer shall require its employees, Subcontractors, agents to comply with all applicable federal and state statutes, acts, regulations, codes and standards prohibiting conduct that might reasonably be construed as violating state or federal equal opportunity laws, including conduct such as making sexually suggestive jokes or remarks, touching, assaulting, making gestures of a sexual or suggestive nature, and impeding or blocking any SCE employee's, subcontractor's or agent's movement. 8. DOUBLE DIPPING PROHIBITED If, in performing its respective Work obligations, Implementer engages contractors or vendors who provide incentives or services to SCE customers, Implementer shall take all appropriate steps to minimize double-dipping. As applicable: 8.1. Prior to providing incentives or services to any eligible customer, Implementer shall require its Subcontractors to obtain a signed form from such eligible customer stating that: 8.1.1. Such eligible customer has not received incentives or services for the same measure from any other SCE program or from another utility, state, or local program; and 8.1.2. Such eligible customer agrees not to apply for or receive Incentives or services for the same measure from any other SCE program or from another utility, state, or local program. Each Party shall keep its customer-signed forms for at least five (5) years after the expiration or termination of this Contract. 8.2. No Party shall knowingly provide an incentive to a Participating Municipality, or make payment to a Subcontractor, who is receiving compensation for the same product or service either through another ratepayer funded program, or through any other funding source. 9. REPORTING /EM &V 9.1. Reporting. The Parties shall implement all reporting requirements set forth in the Statement of Work, including Appendix A and B of the Statement of Work. The reporting requirements set forth in such Appendix B will be amended when issued by the Commission for the 2010-2012 Program cycle, and may be amended from time to time thereafter at the discretion of the Commission. Upon issuance by the Commission of revised reporting requirements for 2010-12 related to the Program, such Commission- approved reporting requirements shall replace the reporting requirements set forth in Appendix B of the Statement of Work in their entirety upon written notice to the Implementer, which notice shall include a copy of the revised Appendix B. 9.2. EM &V. The evaluators will be asked to prepare a Program logic model based upon the written proposal and on interviews with the Implementer. Research issues will be defined in collaboration with SCE program managers and may include questions such as: How well were program activities documented? How effectively was the proposed plan implemented? What could be done to improve the plan's effectiveness? Who are the decision- makers, and what information did they use to make their decisions? 10. PAYMENTS /COMMERCIAL TERMS 10.1. Implementer Budget. The Implementer Budget is set forth in the Statement of Work. Implementer shall not be entitled to compensation in excess of the Implementer Budget without a Change Order issued and signed by SCE. 10.2. Time and Material Basis. All Work will be performed on a time and material basis and subject to the following general provisions: 10.2.1. General Provisions. a. All charges shall be directly identifiable to, and required for the Work. b. Any charges for overtime shall require the prior written approval of the SCE Representative. Overtime rates shall be authorized and charged only for non-exempt personnel. C. Implementer shall complete the Work within the amount authorized by the Contract and in accordance with the Work Schedule. Implementer shall notify SCE's procurement agent responsible for the Contract and the SCE Representative at such time that it becomes reasonably apparent that the forecasted cumulative charges will exceed any amounts authorized by the Contract (whether by task, total amount of Contract, or both). Implementer shall not proceed with or be reimbursed for any Work performed, either beyond the effective period of the Contract, or exceeding the authorized amounts of the Contract, without a Change Order. 10.2.2 Labor Related Costs Under Time and Material Basis. Implementer shall invoice SCE at the fixed hourly rates for the applicable labor categories stated in the Contract for time spent directly engaged in performance of the Work by Implementer's employees. Such fixed hourly rates shall be inclusive of all of Implementer's overhead costs (including all taxes and insurance), administrative and general fees, and profit. 10.2.3 Invoices. Implementer shall submit monthly invoices for the costs incurred in the prior month and shall include a cost breakdown for each task identified in the Statement of Work. Each invoice shall include: 10.2.3.1 Status a. SCE's Contract number. b. Task Description. c. Cost incurred to date. d. Current monthly amount invoiced. e. Cumulative amount invoiced to date. f. Current monthly and cumulative amounts authorized, and justification for all variances between amounts authorized and incurred or invoiced. g. Statement of deliverables for the period. 10.2.3.2 Labor a. Dates worked. b. Personnel name, work hours and classification. c. Personnel Fixed rate. d. Description of Work performed by task. e. Completion of Appendix "C" of the Statement of Work. 10.2.3.3 Reimbursable expenses pre-approved by SCE) a. Material costs. b. Subcontract costs. c. Out-of- Pocket expenses. d. Travel costs. 10.2.4 Expenses. All reimbursable expenses shall be authorized by SCE in writing pjj2K to the expenditure. Any expenses not so approved by SCE shall not be reimbursed. All expenses shall be charged at cost, without mark-up, and shall be necessary, reasonable and ordinary. 10.2.4.1 Material Costs. Material costs shall be substantiated with an invoice stating the unit price, quantity, and other information as required to identify the Work. 10.2.4.2 Subcontract Costs. Subcontracted Work shall be charged at the rates actually paid by Implementer, not to exceed the rates set forth in the Contract for Work by the Implementer. Implementer shall provide Subcontractor invoices for any Implementer invoice that includes Subcontractor costs. 10.2.4.3 Out-of-Pocket expenses. Miscellaneous costs such as telephone communications, routine copying, electronic mail, facsimiles, computer time and in-house technical software are deemed to be included in Implementer's overhead costs will not be reimbursed. 10.2.4.4 Travel Costs. Approved air travel costs shall in no case exceed economy or coach fare, whichever is reasonably available. Automobile travel from Implementer's office to the Jobsite and to SCE's general offices shall be paid at the fixed mileage rate stated in the Contract, or if not stated, at SCE's rate for SCE employees. 10.2.5 Final Invoice. The final invoice shall be marked "FINAL" and must be received by SCE within sixty (60) calendar days after completion of the Work. SCE shall not be liable for payment of any late invoices that are received by SCE beyond the 60 days. 10.2.6 Invoice Deficiencies. In the event SCE determines that Implementer's (or any of its subcontractors) invoices do not meet the invoicing requirements of the Contract, SCE will notify Implementer of the deficiencies and Implementer shall correct such deficiencies promptly. 10.2.7 Payment by SCE. SCE shall pay each correct invoice, submitted in accordance with the terms of the Contract, within thirty (30) days of SCE's receipt of the correct invoice in SCE's Accounts Payable Division. 10.2.8 Records. Implementer shall maintain, for a period of five (5) years after final payment, complete accounting records (and supporting documentation) of all invoiced costs. SCE reserves the right to audit and copy any applicable documents related to the Work hours, all costs and expenses invoiced, and task completion records. Each invoice shall list the number of the Contract covered by such invoice. 11. COMPLIANCE WITH LAW; PERMITS, STATUTES AND CODES 11.1. The Implementer shall comply with, and shall ensure that the Work shall comply with the applicable requirements of all statutes, acts, ordinances, regulations, codes, and standards of federal, state, local and foreign governments, and all agencies thereof. 11.2. Implementer shall conform to the applicable employment practices requirements of (Presidential) Executive Order 11246 of September 24, 1965, as amended, and applicable regulations promulgated thereunder. 11.3 Implementer Policy for Web Accessibility. If an Implementer currently hosts and manages a web site, on behalf of SCE, that contains public, customer-facing pages, content and /or transactions that is not already web accessible and compliant with Web Content Accessibility Guidelines version 2.0, Level AA (WCAG 2.0, Level AA), the Implementer must make updates to the web site pages, content and/or transactions to meet web accessibility compliance, unless Implementer is not required by law to comply. As such, Implementers who plan to or currently host and maintain web sites that include web pages, content and/or transactions for SCE shall agree to the following terms regarding current and/or planned web sites unless Implementer is not required to do so by law: 11.3.1 All public facing web pages, transactions and content, including multi-media and interactive content and forms targeted for SCE customers, shall be made web accessible and meet the standards defined in WCAG 2.0, Level AA. Multi-media and interactive content within the scope of these terms include, and are not limited to, image files, video files, audio files, Flash movies and applications, Flex applications, Silverlight applications, functionality developed with AJAX and/or any other interactive technology not otherwise specified but utilized to serve up information and/or transactions on the web. 11.3.2 Attachments that are posted on a web page for download must also be made web accessible. Attachments include, and are not limited to, Adobe Acrobat PDF files, Microsoft Office files, or any other type of file intended for a customer to download and review offline. An exception may be allowed only if the content contained within the download is already offered on the web site in a web accessible format, and the downloadable attachment is duplicative to the content or transaction displayed on web pages. Such exceptions must be documented and requested by the Implementer, agreed upon by both Implementer and SCE, and granted by SCE prior to declaring any attachment exempt from web accessibility compliance. 11.3.3 Implementers must include compliance with WCAG 2.0, Level AA guidelines as part of the base system requirements for any work completed for SCE. Implementers are responsible for testing proposed web pages, content and/or transactions, and confirming compliance with WCAG 2.0 Level AA guidelines. Proof of testing may be documented in the form of test plans, test scripts, test results, and/or web accessibility audits (performed by the Implementer itself or an external party). SCE may, at any time, request for such documentation to confirm that testing was completed and that the published web page, content and/or transaction satisfies web accessibility compliance with WCAG 2.0, Level AA. 11.3.4 Upon deployment (i.e. publication for external consumption) of web accessible pages, content and/or transactions, Implementer must, to the best of its abilities, maintain compliance with WCAG 2.0, Level AA for as long as the web pages, content and/or transactions are made publicly available on the third-party hosted web site: 11.3.4.1 If Implementer must edit, enhance, modify, or update web pages, content and /or transactions, Implementer agrees to (re- )test for web accessibility compliance, and document test results to prove that said content continues to maintain web accessibility compliance. SCE may, at any time, request for such documentation to confirm that testing was completed and that the published web page, content and /or transaction satisfies web accessibility compliance with WCAG 2.0, Level AA. 11.3.4.2 On a periodic basis, SCE may perform audits on the third - party hosted site to assess web accessibility compliance. Audits may be completed by manual evaluation or through the use of an automated testing tool. If SCE identifies any content that was previously communicated as being compliant but is subsequently found to be in violation, 1) SCE will identify, in writing, the specific web page, content or transaction form where the violation is found, the specific WCAG 2.0, Level AA guideline that has been violated, and what the specific violation is determined to be; 2) Implementer agrees to correct the item(s) in violation on its own accord, with no cost impact to SCE, in a timeframe that both SCE and Implementer agree to, not to exceed 30 calendar days. 11.3.4.3 SCE requires an annual web accessibility audit of SCE's web properties by an independent auditor. Any part or all pages of a third-party hosted web site may be included in the annual audit. If the independent auditor identifies any web page, content or transaction that was previously communicated as being compliant but is subsequently found to be in violation, 1) Auditor will identify, in writing, the specific web page content or transaction form where the violation is found, the specific WCAG 2.0, Level AA guideline that has been violated, and what the specific violation is determined to be; 2) SCE shall provide Implementer with audit report, 3) Implementer agrees to correct the item(s) in violation on its own accord, with no cost impact to SCE, in a timeframe that both SCE and Implementer agree to, not to exceed 30 calendar days. 11.3.5 If an existing third-party hosted web site utilizes a commercial off - the-shelf third-party software package to deliver any type of functionality that is customer- facing, the Implementer must work with the software manufacturer to determine whether the software produces web-accessible pages, content and/or transactions. 11.3.5.1 If the software manufacturer is unable to provide a product that produces web pages, content and/or transactions that meet WCAG 2.0, Level AA guidelines, the Implementer shall request the software manufacturer to produce such limitations in writing (i.e. in the form of product specifications, formal response from software manufacturer's technical support) and subsequently provide such documentation to SCE. 11.3.5.2 If the software manufacturer is unable to provide a product that produces web pages, content and/or transactions that meet WCAG 2.0, Level AA guidelines, the Implementer agrees to pursue, in good faith, an alternate product that can provide equivalent functionality and satisfy WCAG 2.0, Level AA web accessibility compliance requirements. 11.3.6 If an Implementer plans to utilize a commercial off-the-shelf third - party software package to deliver any type of functionality that is customer-facing for a future web site, the Implementer agrees to pursue, in good faith, a product that can meet the desired business functionality requirements and WCAG 2.0, Level AA web accessibility compliance requirements. 11.3.6.1 If the Implementer is unable to locate a product that meets both business functionality requirements and web accessibility compliance requirements, the Implementer must communicate such limitations, in writing, and justify the software selection choice. Implementer shall also request the software manufacturer of desired product to produce such limitations in writing (i.e. in the form of product specifications, formal response from software manufacturer's technical support) and subsequently provide such documentation to SCE. SCE shall reserve final decision-making authority to approve the usage of such software to deliver desired business functionality.] 12. INDEMNITY /CONSEQUENTIAL DAMAGES 12.1. Indemnity. Implementer shall indemnify, defend and hold harmless SCE, and its respective successors, assigns, affiliates, subsidiaries, current and future parent companies, officers, directors, agents, and employees, from and against any and all expenses, claims, losses, damages, liabilities or actions in respect thereof (including reasonable attorneys' fees) to the extent arising from (a) any act or omission of Implementer, its Subcontractors, or any of their respective employees, officers and agents, relating to this Contract, or (b) Implementer's breach of this Contract or of any representation or warranty of Implementer contained in this Contract. 12.2. NO CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF OR UNDER - UTILIZATION OF LABOR OR FACILITIES, LOSS OF REVENUE OR ANTICIPATED PROFITS, COST OF REPLACEMENT POWER OR CLAIMS FROM CUSTOMERS, RESULTING FROM A PARTY'S PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS HEREUNDER, OR IN THE EVENT OF SUSPENSION OF THE WORK OR TERMINATION OF THIS CONTRACT. 13. DEVELOPMENTS /PROPRIETARY RIGHTS 13.1. Ownership. The Parties acknowledge and agree that SCE, on behalf of its customers, shall own all deliverables, data, reports, information, manuals, computer programs, works of authorship, designs or improvements of equipment, tools or processes (collectively "Developments ") or other written, recorded, photographic or visual materials, intellectual property, inventions and trade secrets and all deliverables produced in the performance of this Contract, whether proprietary or non - proprietary; provided, however, that Developments do not include equipment or infrastructure purchased for research, development, education or demonstration related to energy efficiency. Although Implementer shall retain no ownership, interest, or title in the Developments except as may otherwise be provided in this Contract, it will have a permanent, royalty free, non - exclusive license to use such Developments. 13.2. Risk of Loss. Implementer shall have risk of loss of or damage to the undelivered Developments until completion of the Work. 13.3. Infringement. 13.3.1.Implementer represents and warrants that the Work performed by Implementer and/or its Subcontractors shall be free of any claim of trade secret, trade mark, trade name, copyright, or patent infringement or other violations of any proprietary rights of any person. 13.3.2.Implementer shall defend, indemnify and hold harmless, SCE, its officers, agents, employees, successors and assigns from and against any and all liability, damages, losses, claims, demands, actions, causes of action, and costs including reasonable attorney's fees and expenses arising out of any claim, demand, or charge that use of the Work or Developments infringe upon any trade secret, trademark, trade name, copyright, patent, or other intellectual property rights. 14. INSURANCE 14.1. Implementer will maintain, and shall require its Subcontractors to maintain, the following insurance coverage or self insurance coverage, at all times during the term of this Contract, with companies having an A.M. Best rating of "A-, VII" or better, or equivalent: 14.1.1. Workers' Compensation: statutory minimum. 14.1.2. Employer's Liability coverage: $1 million minimum. 14.1.3. Commercial General Liability: $2 million minimum per occurrence /$4 million minimum aggregate. Such insurances shall acknowledge SCE, its officers, agents and employees as additional insureds, be primary for all purposes, contain standard cross - liability or severability of interest provisions, and waive all rights of subrogation against SCE its officers, agents, employees and other contractors or Subcontractors. 14.1.4. Commercial or Business Auto: $1 million minimum. Such insurance shall acknowledge SCE, its officers, agents and employees as additional insureds and be primary for all purposes. 14.1.5. Professional Liability (if applicable) : $1 million minimum. 14.2. Evidence of Insurance. Upon request at any time during the term of this Contract, Implementer shall provide evidence that its insurance policies and the insurance policies of any Subcontractor, as provided in this Section are in full force and effect, and provide the coverage and limits of insurance that Implementer has represented and warranted herein to maintain at all times during the term of this Contract. 14.3. Self-Insurance. If Implementer is self-insured, it shall upon request forward documentation to SCE that demonstrates to SCE's satisfaction that Implementer self- insures as a matter of normal business practice before commencing the Work. SCE will accept reasonable proof of self-insurance comparable to the above requirements. 14.4. Notice of Claims. Implementer shall immediately report to SCE, and promptly thereafter confirm in writing, the occurrence of any injury, loss or damage incurred by Implementer or its Subcontractors or their receipt of notice or knowledge of any claim by a third party of any occurrence that might give rise to such a claim. 14.5. Insurance Indemnification. If Implementer fails to comply with any of the provisions of this Section, "INSURANCE ", or any insurance requirements in the Contract, Implementer shall, at its own cost, defend, indemnify, and hold harmless SCE, its affiliates and their officers, directors, agents, employees, assigns, and successors in interest, from and against any and all liability, damages, losses, claims, demands, actions, causes of action, costs, including attorney's fees and expenses, or any of them, arising out of or in connection with the performance or non-performance of the Work by Implementer or any Subcontractor, or their officers, directors, employees or agents to the extent that SCE would have been protected had Implementer complied with all of the provisions of this Section. 15. CUSTOMER CONFIDENTIALITY REQUIREMENTS 15.1. Non-Disclosure. Implementer, its employees, agents and Subcontractors shall not disclose any Confidential Customer Information (defined below) to any third party during the term of this Contract or after its completion, without Implementer having obtained the prior written consent of SCE, except as provided by law, lawful court order or subpoena and provided Implementer gives SCE advance written notice of such order or subpoena. Notwithstanding any other provisions in the Contract, Implementer's nondisclosure obligations with respect to SCE Confidential Customer Information shall survive any expiration or termination of the Contract in perpetuity. 15.2. Confidential Customer Information. "Confidential Customer Information" includes, but is not limited to, an SCE customer's name, address, telephone number, account number and all billing and usage information, as well as any SCE customer's information that is marked "confidential ". If Implementer is uncertain whether any information should be considered Confidential Customer Information, Implementer shall contact SCE prior to disclosing the customer information. 15.3. Non-Disclosure Agreement. Prior to any approved disclosure of Confidential Customer Information, SCE may require Implementer to enter into a nondisclosure agreement. 15.4. Commission Proceedings. This provision does not prohibit Implementer from disclosing non-confidential information concerning the Work to the Commission in any Commission proceeding, or any Commission- sanctioned meeting or proceeding or other public forum. 15.5. Return of Confidential Information. Confidential Customer Information (including all copies, backups and abstracts thereof) provided to Implementer by SCE, and any and all documents and materials containing such Confidential Customer Information or produced by Implementer based on such Confidential Customer Information (including all copies, backups and abstracts thereof), during the performance of this Contract shall be returned upon written request by SCE. 15.6. Remedies. The Parties acknowledge that Confidential Customer Information is valuable and unique, and that damages would be an inadequate remedy for breach of this Section 15 and the obligations of the Parties are specifically enforceable. Accordingly, the Parties agree that in the event of a breach or threatened breach of this Section 15 by Implementer, SCE shall be entitled to seek and obtain an injunction preventing such breach, without the necessity of proving damages or posting any bond. Any such relief shall be in addition to, and not in lieu of, money damages or any other available legal or equitable remedy. 16. SECURITY INCIDENT PROVISIONS 16.1. SCE Personal Information. 16.1.1. Definition. SCE Personal Information is defined as any information in the possession or under the control of SCE or any of its affiliates, or that is furnished or made available by SCE or any of its affiliates to Implementer, that identifies, relates to, describes, or is capable of being associated with, any particular individual (whether SCE employee, customer, or otherwise), including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, medical information or health insurance information, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information. 16.2. Nondisclosure of SCE Personal Information. Implementer, its employees, agents and Subcontractors shall not disclose any SCE Personal Information (defined above) to any third party during the term of this Contract or after its completion, without Implementer having obtained the prior written consent of SCE, except as provided by law, lawful court order or subpoena and provided Implementer gives SCE advance written notice of such order or subpoena. 16.2.1. Notwithstanding any other provision in the Contract or Contract, Implementer's nondisclosure obligations with respect to SCE Personal Information shall survive any expiration or termination of the Contract in perpetuity. Upon the expiration or termination of the Contract, or at any time upon request of SCE, all SCE Personal Information in any medium, including all copies or parts thereof, shall be returned to SCE or destroyed, except that Implementer may retain one copy of any materials prepared by Implementer containing or reflecting SCE Personal Information if necessary for compliance with its internal record-keeping or quality assurance requirements only. If destroyed, such destruction shall be certified in writing by Implementer. 16.3. Security Incidents. This section shall apply only to the extent Implementer is in possession or control of SCE Personal Information or SCE Confidential Customer Information. 16.2.1 Security Incident Response Plan. Implementer shall develop, implement and maintain a written plan and process for preventing, detecting, identifying, reporting, tracking and remediating Security Incidents ( "Security Incident Response Plan" or "SIRP "). A Security Incident shall mean an event or set of circumstances that results in a reasonable expectation of a compromise of the security, confidentiality or integrity of SCE data or information under the Implementer's control. Examples of Security Incidents include are but not limited to: (i) Security breaches to Implementer's network perimeter or to internal applications resulting in potential compromise of SCE data or information. (ii) Loss of physical devices or media, e.g., laptops, portable media, paper files, etc., containing SCE data. (iii) Lapses in, or degradation of, Implementer's security controls, methods, processes or procedures. (iv) The unauthorized disclosure of SCE data or information. (v) Any and all incidents adversely affecting SCE's or its affiliates', as the case may be, information assets. 16.2.2 SIRP General Reauirements. Implementer's SIRP will include Security Incident handling and response procedures, specific contacts in an event of a Security Incident, the contacts' roles and responsibilities, and their plans to notify SCE or its affiliates, as the case may be, concerning the Security Incident. The SIRP must be based on and meet all requirements of the following.* 16.2.2.1 U.S. federal and applicable state laws, statutes and regulations concerning the custody, care and integrity of data and information. In particular and without limitation, Implementer shall ensure that its SIRP and its business practices in performing work on behalf of SCE comply with California's Information Practices Act of 1977, California Civil Code §§ 1798.80 et seq., which addresses among other things the provision of notice to SCE or its affiliates, as the case may be, of any breach of the security of SCE Personal Information if it is reasonably believed to have been acquired by an unauthorized person. 16.2.2.2 SCE information management and information security policies and procedures as made available to Implementer from time to time ( "SCE Policies and Procedures "), including without limitation ITS-445 "Standards for Information Security Response — Third Parties." 16.2.3 Implementer Response to Security Incident. The following will apply in the event of a Security Incident: 16.2.3.1 Implementer will submit a Security Incident Report (SIR) to SCE's or its affiliates', as the case may be, IT Help Desk or IT Operations Center ( "ITOC ") in accordance with SCE Policies and Procedures including ITS-445, and applicable law. The SIR shall be given promptly upon discovery of an SI and in any event not more than four (4) hours after discovery of a suspected SI, or sooner if required by law, statute or regulation. If additional time is required under the circumstances of the SI to ascertain the nature or extent of the SI, to stabilize the Computing System or to ensure the integrity of SCE's or its affiliates', as the case may be, data and information, then Implementer shall promptly notify SCE or its affiliates, as the case may be, in writing of the existence of an SI initially, and keep SCE or its affiliates, as the case may be, informed of developments and new information. 16.2.3.2 At SCE's or its affiliates', as the case may be, request, Implementer will meet with SCE or its affiliates, as the case may be, to discuss the cause of the Security Incident, Implementer's response, lessons learned and potential improvements to Implementer's system security processes and procedures. 16.2.4 Compromise of SCE Personal Information 16.2.4.1 Additional SIRP Requirements for Personal Information. With respect to any SCE Personal Information in the possession or under the control of Implementer, to protect SCE Personal Information from unauthorized access, destruction, use, modification or disclosure, Implementer shall: (a) Develop, implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect SCE Personal Information from unauthorized access, destruction, use, modification, or disclosure. (b) Develop, implement and maintain data privacy and security programs with administrative, technical, and physical safeguards appropriate to the size and complexity of the Implementer's business and the nature and scope of Implementer's activities to protect SCE Personal Information from unauthorized access, destruction, use, modification, or disclosure. 16.2.4.2 Notice Reauirements for Personal Information. In the event of a Security Incident where SCE Personal Information was, or is reasonably believed to have been, acquired by an unauthorized person, Implementer shall immediately provide the SIR required by Section 16.2.3. Such SIR shall state that SCE Personal Information may be involved, and shall describe the suspected nature of such SCE Personal Information. 16.2.5 SIRP Review. At SCE's or its affiliates', as the case may be, request, Implementer shall review the S1RP at least annually with SCE's or its affiliates', as the case may be, designated representatives to identify updates, changes or potential improvements; and a process to document these changes within ninety (90) days of any such changes. 16.2.6 Document Retention. Implementer shall maintain all documentation relating to Security Incidents, whether in written or electronic form, including without limitation, their identification, processing and resolution, for two (2) years after final resolution of the Security Incident, including the final resolution of all claims arising out of the Security Incident. 16.2.7 Indemnification for Security Incidents. Implementer shall, at its own cost, defend, indemnify and hold harmless SCE, its affiliates, officers, agents, employees, assigns and successors in interest, from and against any and all liability, damages, losses, claims, demands, actions, causes of action, costs, including attorney's fees and expense, fines or penalties, or any of them, resulting from any Security Incident. Any limitation of liability that may be in the Contract or Contract shall not apply to this Section 16.2.7. 16.3 Implementer shall ensure that its employees, agents and contractors that perform services for Provider in connection with the Contract are informed of and comply with these Security Incident provisions. 17. CONFLICT OF INTEREST Implementer affirms that, to the best of its knowledge, there is no actual or potential conflict of interest between Implementer, its employees or their families, Subcontractors, or business interests, and SCE. Implementer shall not hire any SCE employee or employee's spouse to perform any part of the Work. Implementer further affirms that it has set forth in its proposal for the Work= (i) all situations in which Implementer or an affiliated entity of Implementer has been or currently is an SCE Implementer, contractor, or employee; (ii) all situations in which Implementer or an affiliated entity of Implementer has been or currently is in a joint venture arrangement or licensing relationship with SCE (other than an Energy Leader Partnership); and (iii) any affiliated entity to which Implementer intends to subcontract any part of the Work. Implementer shall update such affirmations to SCE during performance of the Work within thirty (30) days following any change thereto. 18. TIME IS OF THE ESSENCE Implementer hereby acknowledges that time is of the essence in performing their obligations under this Contract. Failure to comply with milestones and goals stated in this Contract, including but not limited to those set forth in Exhibit A of this Contract, may constitute a material breach of this Contract, resulting in its termination, payments being withheld, Implementer Budgets being reduced or adjusted, funding redirected by SCE to other programs or partners, or other Program modifications as determined by SCE or as directed by the Commission. All Work must be performed and completed by October 15, 2012. 19. IMPLEMENTER DISPUTES Any unresolved disputes between Implementer and SCE shall be referred to an SCE management representative and an officer of Implementer for resolution. Pending resolution, Implementer shall continue to perform the Work as directed by the SCE Representative, and SCE shall continue to make payments for the undisputed items. 20. RIGHT TO AUDIT SCE and the Commission shall have the right to audit Implementer at any time during the term of this Contract and for five (5) years thereafter. An audit may include, but is not limited to, a review of Implementer's financial records relating to the Work, program implementation procedures, program marketing material, program implementation documents, field audits of Implementer employees or Subcontractors, energy efficiency savings provided by the program, funds spent to date, information relating to the substantiation of program expenditures, incentives paid to date, customers given incentives to date, lists of employees and respective duties, lists of Subcontractors and their respective responsibilities or service provided. SCE may, in its sole discretion and at anytime, request information or data relating to the program, Work or this Contract, and Implementer shall provide such information in the format and within the time requested by SCE. Nothing in this provision shall limit the type, format or frequency of such requests by SCE. 21. MODIFICATIONS Except as otherwise provided in this Contract, changes to this Contract shall be only be valid through a written amendment /Change Order to this Contract signed by both Parties. 22. TERM This Contract shall be effective as of the Effective Date. Unless otherwise terminated in accordance with the provisions of Section 23 below, this Contract shall terminate at midnight November 31, 2012; provided however, that all Work and services shall be completed by the dates specified in the Statement of Work. 23. TERMINATION OR CANCELLATION 23.1. CPUC Authority To Modify: The Work and program under which the Work is authorized herein shall at all times be subject to the discretion of the California Public Utilities Commission (CPUC), including, but not limited to, review and modifications, excusing performance hereunder, or termination as the CPUC may direct from time to time in the reasonable exercise of its jurisdiction. 23.2. Termination for Convenience: Notwithstanding any other provisions of the Contract, SCE shall have the unilateral right to terminate the Work, or any portion thereof, or the Contract by the issuance of a Change Order, which shall not require Implementer's acceptance. Subject to the provisions of Section 23.3 and 23.4 hereof, SCE shall pay Implementer the termination charges set forth in the Contract prorated to the effective date of termination. If termination charges are not set forth in the Contract, SCE shall complete the payments for all Work accepted by SCE. SCE, at its option, may take possession of any Material paid for by SCE. The provisions of this Section 23.2 shall be Implementer's sole remedy resulting from such termination. 23.3. Cancellation for Default. In the event of: (i) the breach of or failure of Implementer to perform any of its material obligations under the Contract including, but not limited to, failure to complete the Work on time or failure to make satisfactory progress or persistent failure to pay labor and material claims; (ii) the failure of Implementer to give SCE adequate assurance of performance within ten working days after written demand by SCE therefore when reasonable grounds for insecurity arise; or (iii) the insolvency, bankruptcy or receivership of Implementer, then SCE may (a) withhold payment of any further monies which may be due Implementer until such condition is cured, and/or (b) declare Implementer to be in default of the Contract and notify Implementer in writing of such declaration and shall be entitled to cancel the Contract in whole or in part effective immediately upon written notice thereof. Any cancellation pursuant to this Section 23.3 shall not be deemed a "termination" for the purposes of Section 23.2 hereof. In the event of such cancellation, Implementer shall immediately stop Work and surrender to SCE's possession, complete and incomplete Documentation and other Information, Material, control and use of the Jobsite and all Implementer and SCE - owned equipment, facilities, and all other items which SCE may deem necessary or appropriate until the Work is completed. Implementer shall assign to SCE the outstanding subcontracts and Contracts as requested by the SCE Representative for such completion. SCE shall have the right to provide, or contract for, all additional labor, Material, and any other items which it may deem necessary to complete the Work. If the total of all expenses incurred by SCE to complete the Work is greater than the sum which would have been payable under the Contract if Implementer had completed the Work, the difference shall constitute a claim against Implementer. Such claim shall be due and payable within ten working days after presentation of the claim. Additionally, SCE shall have the right to pursue other remedies afforded by law. 23.4 Delivery of Materials: Without limiting the effect of the provisions of Sections 15 and 23.3 hereof, upon receipt of notice of termination or cancellation under this Section 23, Implementer shall immediately deliver to SCE all complete and incomplete Documentation, and all Material. If, at the time of termination , or cancellation further sums are due Implementer, Implementer shall not be entitled to the sums until all Documentation and all Material required to be delivered to SCE are delivered. 23.5 Cessation of Work: Upon receipt of notice of termination or cancellation for any reason, Implementer shall promptly cease all Work except for additional Work that SCE may, in its discretion, request Implementer to perform. Additional Work shall be performed in compliance with the terms of the Contract. 24. WRITTEN NOTICES Any written notice, demand or request required or authorized in connection with this Contract, shall be deemed properly given if delivered in person or sent by facsimile, nationally recognized overnight courier, or first class mail, postage prepaid, to the address specified below, or to another address specified in writing by a Party as follows: Implementer City of Beaumont Alan C. Kapanicas City Manager 550 E. 6th Street Beaumont, CA 92223 SCE: Southern California Edison Joanna Chang Project Manager, Local Government Partnerships Office (626) 302 -0644 1515 Walnut Grove, 2133 -06 Rosemead, CA 91770 Notices shall be deemed received (a) if personally or hand-delivered, upon the date of delivery to the address of the person to receive such notice if delivered before 5:00 p.m., or otherwise on the Business Day following personal delivery; (b) if mailed, three (3) Business Days after the date the notice is postmarked; (c) if by facsimile, upon electronic confirmation of transmission, followed by telephone notification of transmission by the noticing Party; or (d) if by overnight courier, on the Business Day following delivery to the overnight courier within the time limits set by that courier for next-day delivery. 25. INDEPENDENT CONTRACTOR Implementer is and will perform the work as an independent contractor for SCE. Nothing in this Contract shall be construed so as to render Implementer an employee, agent, representative, joint venturer or partner of SCE for purposes of carrying out this Contract. Implementer shall not enter into any contracts, agreements or other obligations with any other parties which bind, or are intended to bind, SCE without first receiving express written authorization from SCE. SCE and Implementer shall each maintain sole and exclusive control over its respective personnel and operations. 26. BENEFIT TO SCE CUSTOMERS Ratepayer funded programs must directly benefit customers in the service territory from which the funds are collected. The energy efficiency program implemented pursuant to this Purchase Order is funded in whole or in part by funds collected from SCE's customers for public purpose programs, and therefore must directly benefit SCE's customers. PGC Funds are defined as those certain funds collected from electric utility ratepayers pursuant to Section 381 of the California Public Utilities Code for public purpose programs, including energy efficiency programs approved by the CPUC. 27. ENVIRONMENTAL, HEALTH & SAFETY REQUIREMENTS The "Southern California Edison ENVIRONMENTAL, HEALTH & SAFETY HANDBOOK FOR CONTRACTORS ", dated January 10, 2010, is hereby incorporated by reference into this Contract. Implementer shall immediately notify the SCE Representative if Implementer is unable to meet ANY of the requirements set forth therein. SCE may cancel this Contract if Implementer fails to meet the requirements set forth in this Handbook. Such cancellation shall not be deemed a termination under the termination provisions of this Contract. 28. NON - DISCRIMINATION CLAUSE No Party shall unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Each Party shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment, and shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a)- (f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a)- (f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Each Party represents and warrants that it shall include the substance of the nondiscrimination and compliance provisions of this clause in all subcontracts for its Work obligations. 29. NON-DISCRIMINATION CLAUSE None of the provisions of this Contract shall be considered waived by either Party unless such waiver is specifically stated in writing. 30. ASSIGNMENT No Party shall assign this Contract or any part or interest thereof, without the prior written consent of the other Party, and any assignment without such consent shall be void and of no effect. Notwithstanding the foregoing, if SCE is requested or required by the Commission to assign its rights and /or delegate its duties hereunder, in whole or in part, such assignment or delegation shall not require Implementer's consent and SCE shall be released from all obligations hereunder arising after the effective date of such assignment, both as principal and as surety. 31. SEVERABILITY In the event that any of the terms, covenants or conditions of this Contract, or the application of any such term, covenant or condition, shall be held invalid as to any person or circumstance by any court, regulatory agency, or other regulatory body having jurisdiction, all other terms, covenants, or conditions of this Contract and their application shall not be affected thereby, but shall remain in full force and effect, unless a court, regulatory agency, or other regulatory body holds that the provisions are not separable from all other provisions of this Contract. 32. GOVERNING LAW; VENUE This Contract shall be interpreted, governed, and construed under the laws of the State of California as if executed and to be performed wholly within the State of California. Any action brought to enforce or interpret this Contract shall be filed in Los Angeles County, California. 33. SECTION HEADINGS Section headings appearing in this Contract are for convenience only and shall not be construed as interpretations of text. 34. SURVIVAL Notwithstanding completion or termination of this Contract, the Parties shall continue to be bound by the provisions of this Contract which by their nature survive such completion or termination. 35. ATTORNEYS' FEES Except as otherwise provided herein, in the event of any legal action or other proceeding between the Parties arising out of this Contract or the transactions contemplated herein, each Party in such legal action or proceeding shall bear its own costs and expenses incurred therein, including reasonable attorneys' fees. 36. PRIOR WORK. In the event that Implementer performs any Work authorized by SCE but prior to the execution of this Contract, then such prior Work shall be considered performed subject to the provisions of this Contract. 37. ENTIRE AGREEMENT This Contract (including all of the Exhibits and attachments hereto which are incorporated into this Contract by reference) contains the entire agreement and understanding between the Parties with respect to the Program and merges and supersedes all prior agreements, representations and discussions pertaining to the subject matter of this Contract. 38. COUNTERPARTS. This Contract may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall be deemed to be one and the same instrument. [SIGNATURE PAGE FOLLOWS]: SIGNATURE PAGE IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed by their duly authorized representatives. IMPLEMENTER CITY OF BEAUMONT By: Alan C. Kapanicas Title: City Manager SCE: SOUTHERN CALIFORNIA EDISON By: Erwin Furukawa Title: Senior Vice President, Customer Service EXHIBIT A STATEMENT OF WORK (with Appendices A -C) CITY OF BEAUMONT SOW 3.7 TABLE OF CONTENTS SECTION 1: PROGRAM DESCRIPTION .......................................................... ..............................1 SECTION2: OBJECTIVES .............................................................................. ..............................3 SECTION 3: GENERAL REQUIREMENTS ....................................................... ..............................3 SECTION 4: SCHEDULE OR TASKS DELAYS ........................ ............................... SECTION 5: STATEMENT OF WORK ............................................................. ..............................4 Task1 - Program Ramp- up ..................................................................... ..............................4 Task 2 - Strategic Plan Goal 1 ................................................................ ............................... 5 Task 2.A — Adopt Green Building Policy for Municipals ...................... ............................... 5 Task 2.13 — Develop Educational Programs for Elected Officials & Staff 7 Task 3 - Strategic Plan Goal 2 ................................................................ ............................... 8 Task 3.A — Code Compliance Workshops .......................................... ............................... 9 Task 4 - Strategic Plan Goal 3 .............................................................. ............................... 11 Task 4.A — Utility Manager Computer Program ................................ ............................... 12 Task 5 — Invoicing and Reporting ......................................................... ............................... 13 Task 6 - Ramp -Down and Shut -Down Program ................................... ............................... 15 Task 7 - Submit Final Program Report ................................................. ............................... 15 SECTION 6: PAYMENT .................. ............................... SECTION 7: PERFORMANCE INDICATORS ................................................... .............................17 Appendix A: Monthly Invoicing and Regulatory Reporting Requirements ....................... 18 Appendix B: Regulatory Reporting Requirements ............................ ............................... 20 Appendix C: Billing Schedule ............................................................ ............................... 25 TABLES Table 1: Implementer T &M Hourly Billing Rate (No Rates in Proposal) .......... .............................16 Table 2: Implementers Budget Breakdown .................................................... .............................17 CITY OF BEAUMONT SOW 3.7 Statement of Work PROGRAM NAME: CITY OF BEAUMONT- MUNICIPAL GREEN BUILDING ORDINANCE PROGRAM IMPLEMENTER: CITY OF BEAUMONT PROGRAM BUDGET: $110,000 SECTION 1: PROGRAM DESCRIPTION A. Program Background: Pursuant to Decision 09 -09 -047, the CPUC authorized Southern California Edison ( "SCE ") to conduct strategic plan activities centered on energy efficiency and addressing the "Big, Bold" strategies and related local government goals found in the CPUC's California's Long -Term Energy Efficiency Strategic Plan ("CEESP")'. Based on this authorization, SCE conducted a solicitation seeking to fund activities that would lead to long -term, sustainable changes as opposed to supporting staffing resources or short -term initiatives that would cease to exist once the funding had ended. The City of Beaumont ( "Implementer ") will develop a municipal green building ordinance program ( "Program "). The development of the Program will provide a template to be adopted by other public agencies. Voluntary green building measures for commercial and residential development have already been established through the City's Building and Safety department, which follow the "California Green Builder" model. These voluntary standards will be considered the first tier of efficiency for new municipal development. The Implementer, through this Program, will implement new stringent standards for municipal agencies within Implementer's boundaries while setting an example for other municipal agencies to integrate long -term energy efficiency together with training of city officials and staff on "green building" ordinances. These meet the objectives of the CEESP while utilizing the following CEESP Goals: • Strategic Plan Goal 1: Local governments lead adoption and implementation of "reach" codes stronger than Title 24 on both mandatory and voluntary bases; • Strategic Plan Goal 2: Strong support from local governments for energy code compliance enforcement; and Strategic Plan Goal 3: Local governments lead by example with their own facilities and energy usage practices. Please go to tiv�v�� ,- .califc,rniaeneryefficienc�- cc�m for a copy of the CEESP. Southern California Edison Company Page: I CITY OF BEAUMONT SOW 3.7 B. Defined Terms: Capitalized terms not otherwise defined in this Statement of Work ( "SOW ") will have the meaning ascribed to them in the Contract, which is attached to the SOW and incorporated herein by reference. 1. Business Day: The period from one midnight to the following midnight, excluding Saturdays, Sundays, and holidays. 2. Calendar Day: The period from one midnight to the following midnight, including Saturdays, Sundays, and holidays. 3. Change Order: Document SCE issues to Implementer and, unless otherwise provided in the Contract, Implementer accepts, and which changes or modifies the terms of the Contract. 4. Contract: Document issued by SCE to facilitate payment to the Implementer for the Work described herein and the terms and conditions that will govern the Work to be performed. 5. Contract Program Manager or CPM: The SCE Representative who will manage the Program. 6. CPUC: The California Public Utilities Commission. 7. Local Government Partnerships ( "LGP "): Partnerships formed with California local governments and California's investor owned utilities designed to achieve immediate, long -term peak energy and demand savings and establish a permanent framework for sustainable, long -term, comprehensive energy management programs and set the foundation for sustainability and best practices for a given partnership's participating jurisdictions and customers. 8. Month or Monthly: A term ending on the last Calendar Day of each month. 9. Performance Indicators: Specific, measureable, actionable, realistic and time - specific requirements that will directly and measurably contribute to SCE's business goals for the Agreement. 10. SCE Representative: The CPM or such other representative authorized by SCE to manage this Program. 11. Subcontractor: An entity contracting directly or indirectly with Implementer to furnish services or materials as part of or directly related to Implementer's Work. 12. Title 24: California Code of Regulations (CCR), Title 24, also known as the Southern California Edison Company Page: 2 CITY OF BEAUMONT SOW z7 California Building Standards Code (composed of 12 parts). Title 24, Part 6 sets forth California's energy efficiency standards for residential and nonresidential buildings and was established in 1978 in response to a legislative mandate to reduce California's energy consumption. The standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. Title 24, Part 6 is the focus of the Work under this Purchase Order. 13. Work: Any and all obligations of Implementer to be performed for the Partnership pursuant to and during the term of the Contract, any revision to the Contract, or a subsequent Contract or Contract Addendum incorporating this Statement of Work. The Work will include, but may not be limited to, the tasks described in Section 5 of this Statement of Work. SECTION 2: OBJECTIVES Through the Program, the Implementer will work towards achieving the following objectives: I. Adopt a municipal green building ordinance policy for municipal, commercial, and /or residential development; 2. Develop training programs for local elected officials, building officials, commissioners, and stakeholders to improve adoption of energy efficiency codes, ordinances, standards guidelines and programs; Have local government staff and contract staff attend code compliance workshops offered by the Energy Commission , utility codes and standards staff, or other local governments with strong compliance efforts; and 4. Set up a "utility manager" computer program to track municipal usage, identify need for sub - metering plan, budget and manage bills. SECTION 3: GENERAL REQUIREMENTS A. Notice to Proceed ( "NTP "): Implementer may start Work only upon the occurrence of each of the following: 1. Implementer receives the Contract; 2. Implementer provides to the CPM a signed acknowledgement form of the Contract; and 3. CPM provides to Implementer written approval to proceed. ,)ournern c,alyornia Edison Company Page: 3 CITY OF BEAUMONT SOW 3.7 B. Goals: The primary goal of the Program is to achieve the objectives and Performance Indicators set forth herein, in the time frame herein. SCE will regularly review the implementation schedule (milestones, delivery dates, etc.) contained herein against actual Work performed by Implementer to assess the Program's progress. SECTION 4: SCHEDULE OR TASKS DELAYS If the schedule or a task (including achievement of goals as outlined herein) is delayed for any reason, Implementer has the responsibility to notify the CPM in writing within thirty (30) Business Days. SCE may accept the delay, allow time for the remedy of the delay, reduce both the budget and the Work, or terminate the Contract within thirty (30) Business Days following receipt of any written notice of delay from Implementer. SECTION 5: STATEMENT OF WORK The Work for each of the City of Beaumont associated tasks are described below: Task 1 - Program Ramp -up A. Attend Program Kick -off Meeting: Implementer's representative(s) will attend a half - day Program kick -off meeting with the CPM to discuss Program logistics, marketing coordination, evaluation, monitoring and verification coordination, invoicing requirements, scope of Work, and any remaining Contract issues at an SCE - designated location. Implementer's representative will attend the Program kick -off meeting at a time and place to be determined by SCE after the issuance of the NTP. B. Program Data, Invoicing, and Reporting Tool Training: The Implementer will attend a half -day workshop (Webcast) that provides training on the use of the SCE invoicing and reporting tool ( "IR Tool "). The Implementer will attend IR Tool training at a time and place to be determined by SCE after the issuance of the NTP. Deliverable(!).. Due Date(s) 1. Attend a half -day Program Kick -off Determined by SCE after the issuance of Meeting the NTP. 2. Attend a half -day IR Tool training session Determined by SCE after the issuance of and ongoing IR Tool update training. the NTP or notification of IR Tool ro ram changes. 3. Delivery flat files (first draft) to CPM for IR Tool training plus 5 Calendar Days. review and approval. 4. Delivery of flat files final draft to CPM for IR Tool training plus 10 Calendar Days. ,)ournern c,al fornia C "dison Company Page: 4 CITY OF BEAUMONT SOW 3.7 review and approval. Task 2 - Strategic Plan Goal 1 Strategic Plan Goal 1: Local governments lead adoption and implementation of "reach " codes stronger than Title 24 on both mandatory and voluntary bases. • Task 2.A (Strategic Plan Task 1.1.2): Adopt a Green Building policy for municipal commercial, and /or residential development; • Task 2.13 (Strategic Plan Task 1.1.6): Develop educational programs for local elected officials, building officials, commissioners, and stakeholders to improve adoptions of energy efficiency codes, ordinances, standards, guidelines and programs. Task 2.A — Adopt Green Building Policy for Municipal Facilities As part of the Program, the Implementer will address the CEESP goal of reaching codes higher than Title 24 on both a mandatory and a voluntary basis. Through implementing the Program, the Implementer plans to transform the mindsets of other local public agencies with the city and encourage private industry to embrace economic and environmental benefits of green building. In addition, the Program will provide a template ordinance to be adopted by other local governments' jurisdictions within the same climate zone as Implementer. Implementer will create a Program that is replicable and exportable to many different public agencies operating within Implementer's community. As part of the implementation of the Program, the Implementer will retrofit 100% of municipal facilities for energy efficiency by 2012 utilizing non - Program sources of funding, including: grant funding and recycling rebates and incentives from previous energy efficiency projects to fund continued energy efficiency projects, educate all city officials and key staff on green building ordinances and programs, develop a plan for building assessment, develop and document internal process and procedures and develop equipment inventory of all municipal facilities. No funds from this Contract will be used to retrofit municipal facilities. In its implementation of the Program, the Implementer will, at a minimum, track the following information through the IR Tool: 1. Baseline of energy usage for all municipal properties and public agencies in the community; Southern California Edison Company Page: 5 CITY OF BEAUMONT SOW 3.7 2. Provide documentation and specifications demonstrating additional levels of energy efficiency achieved through measures outlined in the Program and all projects completed in the future. The Implementer will quantitatively assess the value and benefits of the Program by tracking a) the green building ordinance for municipal development, b) participation of private and other public agencies, and c) measure reduction in energy usage for facilities constructed or renovated under the ordinance. Implementer will provide all materials developed under this task to CPM for review and comment: 1. Green Building Policy Assessment and Planning Report — Implementer shall include assessment of existing green building policies and resources, including those offered by non - governmental organizations (NGOs) and plan for developing a green building policy based on the information gained from the assessment. Implementer may also include analysis of building trends and market research. This may be in the format of an outline report or full report. 2. Draft Green Building Policy. Report on Stakeholder Input - Implementer shall include list of all stakeholder meetings, workshops, etc.; list of all attendees and contact information by workshop; and discussion on how input was used in refining the green building policy. 4. Final Green Building Policy. 5. Submit Green Building Policy /Program to City Council for adoption - If the green building policy is adopted, Implementer shall submit the date the policy becomes effective. If the policy is rejected, Implementer shall submit a memorandum on reasons for rejection and alternate plans. 6. Monthly reports of tracked Performance Indicators Task 2.A. - De[iverable(s) ' Due Date(s) 1. Green Building Policy Assessment and Planning Report June 30, 2011 2. Draft Green Building Policy August 31, 2011 3. Report on Stakeholder Input: Green Building Policy September 30, 2011 Southern California Edison Company Page: 6 CITY OF BEAUMONT SOW 3.7 4. Final Green Building Policy December 31St, 2011 5. Submit Green Building January 17,n, 2012 Policy /Program to City Council for adoption 6. Monthly reports of tracked Last business day of the month Performance Indicators beginning immediately after NTP approval. Task 2.B — Develop Educational Program for Elected Officials & Staff This educational program will provide elected officials and other city officials the knowledge on lasting market transformation through the implementation of policies and programs that are designed to ensure market transformation, such as green building policies. This task will assist in educating key staff members and city officials creating an environment where building green becomes a normal method of doing business. As part of the implementation of developing the educational program, the Implementer will assess the market for programs that might be suitable for this Program. Sources such as ILCEI may provide valuable information to the Implementer. The educational program will provide elected officials with information on commonly accepted green building principles. Implementer will collaborate with other local jurisdictions, SCE, private sector stakeholders, and contractors, to develop a comprehensive training program tailored to each relevant party involved in the decision making process. The Implementer will offer information on best practices and lessons learned to other local jurisdictions who may offer training to their city officials, commissioners, key staff members, and community stake holders. The goal is to create a replicable training program that addresses varying needs of decision makers in relationship to green building. The Implementer will, at a minimum, track the following information through the IR Tool: 1. Develop questionnaire to track baseline knowledge of green building to tailor training materials; 2. Develop second questionnaire to obtain tangible data on increase in knowledge from specific training provided. The Implementer will quantitatively assess the value and benefits of the Program through tracking level of knowledge of green building in the community and ability to pass city ordinance to mandate such training programs. Southern California Edison Company Page: 7 CITY OF BEAUMONT SOW 3.7 Implementer will provide all materials developed under this task to CPM for review and comment: Assessment and Planning Report for the City Officials Educational Program — Implementer shall include assessment of existing educational /training programs offered by the state, utilities and NGOs, among others, and resources available, plan for developing the educational /training program based on the information gained from the assessment, and list of targeted attendees. This may be in the format of an outline report or full report; 2. Draft for Plan City Officials Educational Program; 3. Final Plan for City Officials Educational Program— Implementer shall include a schedule of educational events; 4. Implementation Report — Implementer shall include a list of educational events, list of attendees, and materials used in program; 5. Report on Best Practices and Lessons Learned; and 6. Monthly report of tracked Performance Indicators. Task 2.B. - Deliverable(s) Dee Date(s) 1. Assessment and Planning Report for the City June 30, 2011 Officials Educational Program 2. Draft for Plan City Officials Educational August 31, 2011 Program 3. Final Plan for City Officials Educational September 30, 2011 Program 4. Implementation Report December 31, 2011 5. Report on Best Practices and Lessons February 29, 2012 Learned 6. Monthly report of tracked Performance Last business day of the month Indicators beginning immediately after NTP approval. Task 3 - Strategic Plan Goal 2 Strategic Plan Goal 2: Strong support from local governments for energy code compliance enforcement. Southern California Edison Company Page: 8 CITY OF BEAUMONT SOW 17 • Task 3.A (Strategic Plan Task 2.1.1): Local government staff and contract staff attend code compliance workshops offered by the California Energy Commission, utility codes and standards staff, or other local governments with strong compliance needs. Task 3.A — Code Compliance Workshops As a part of this task, the Implementer will develop and implement a plan for a training program on Title 24 code enforcement. This training for the city code enforcement officials ( "Code Enforcement Training ") will specify the targeted audience, number, type and frequency of training events, and a description of the training curriculum and instructor criteria. As an initial step in developing the assessment and planning report for Code Enforcement Training, the Implementer will review and assess specifications of the statewide Title 24 code enforcement training program offered by the California investor owned utilities and other related educational resources, and include in the report a summary of the findings of the assessment and justification for the training resources. Implementer will develop a model building inspection system that fully integrates energy code compliance during inspections that can be replicated throughout the state. The Implementer will address its impact on market transformation through dispersing knowledge to the city officials responsible for implementing and enforcing code compliance. Through additional training in the area of code compliance standards, the Implementer will provide advice on code compliance standards to residential, commercial, and industrial landowners. In addition, the Implementer will offer information from this process to other local jurisdictions that are interested in offering the same training. The Implementer's goal is to replicate a training program that addresses the gaps in the working knowledge of city staff and provide a replicable training program that interested local governments could adopt in their own community. Creating improved processes and incentives that result in increased code compliance as it relates to energy efficiency will be an integral part of the training. The program budget submitted for training local government staff and contract staff will serve to provide a supplemental training budget for providing Title 24 Code Enforcement Training. The fees associated with this training, particularly training offered through CALBO or IBEW often require registration fees as well as costs incurred for transportation. The direct implementation costs included in the budget will allow for the selected Implementer staff to receive this training.. The Implementer will provide code enforcement, building, and public works staff /contract staff with additional training through the Energy Commission, utility codes and standards staff, and other local governments with strong compliance records. If no training classes are available within a reasonable distance from the City of Beaumont, the proposed marketing /outreach portion of the budget may be used to "host" workshops in or near the City of Beaumont area, to the benefit of not only the Implementer, but also staff Southern California Edison Company Page: 9 CITY OF BEAUMONT SOW Z 7 from surrounding cities who may not have adequate training budgets and /or enough staff to cover a full day of training including travel. The proposed administrative costs will be used to offset Implementer staff time being devoted to coordinating and implementing these proposed tasks. The goals of this task are to train 100% of Implementer's building inspectors and code compliance staff. Currently, the Implementer employs three full time building inspectors, one part time and two full time code compliance officers, three full time code compliance /building support staff, and one full time lead building official who oversees both the code compliance and building staff. The Implementer plans to host at least three progressively in -depth training seminars in the new Title 24 energy efficiency building code standards for the benefit of Implementer's entire geographic area. In addition to hosting these trainings, Implementer's three building inspectors as well as the lead building official will receive certifications in Title 24 code compliance through CALBO. At a minimum, the Implementer will seek to partner with the two adjacent cities in the Pass Area, the City of Banning and the City of Calimesa. In addition, the Implementer will host "open" training seminars outlined in the response above for other local government staff in the area of Western Riverside County. The Implementer's existing partnership with SCE will be leveraged through the development of "best practices" to be shared with other local jurisdictions in Implementer's region. As part of the implementation of the Code Enforcement Training, the Implementer will train code enforcement officers and building inspectors on energy efficiency code compliance. The Implementer will, at a minimum, document the following information through the IR Tool: 1. Baseline level of knowledge of officials on subject of green building; and 2. Measure results from training and educational materials. The Implementer will quantitatively assess the value and benefits of the Program through developing and training key staff to be a resource for the public on most recent energy codes and produce qualified inspectors who receive additional training on energy efficiency and code compliance. Implementer will provide all materials developed under this task to CPM for review and comment: 1. Report on Status of Consultant or Subcontractor to Support the Task; Southern California Edison Company Page: 10 CITY OF BEAUMONT SOW 3.7 2. Code Compliance Training Program Assessment Report and Training Plan — Implementer shall include review and assessment of existing code workshops including those offered by the utility, CEC, IHACI, and CALBO, among others, and specifically, the Statewide IOU Codes and Standards Program; list of potential workshops to attend; and attendance criteria for staff to assess completion of the training program. Implementer may also include plan for measuring level of energy efficiency knowledge of city staff workshop attendees, pre- and post - workshop attendance and plan to develop curriculum if appropriate. This may be in the format of an outline report or full report; 3. Implementation Report — Implementer shall include list of attendees for each workshop and list of attendees that met the training criteria. Implementer may also include effectiveness study results. 4. Report on Best Practices and Lessons Learned — Implementer shall include effectiveness of the training and plan for disseminating experiences. 5. Monthly report of tracked Performance Indicators I. Report on Status of Consultant or Subcontractor to Support the Task 2. Code Compliance Training Program Assessment Report and Training Plan 3. Implementation Report 4. Report on Best Practices and Lessons Learned 5. Monthly report of tracked Performance Indicators 60 days after NTP approval September 30, 2011 March 31, 2012 April 30, 2012 Last business day of the month beginning immediately after NTP approval. Task 4 - Strategic Plan Goal 3 Strategic Plan Goal 3: Local governments lead by example with their own facilities and energy usage practices. Task 4.A (Strategic Plan Task 3.1.2): Set up a "utility manager" computer program to track municipal usage. Identify need for sub - metering to plan, budget and manage bills. Southern California Edison Company Page: 11 CITY OF BEAUMONT SOW 3.7 Task 4.A — Utility Manager Computer Program The Implementer will analyze and interpret the information provided by the utility manager computer software program to strategically address municipal energy usage and provide an example to other public and private entities within the city's sphere of influence. In addition, once the city staff has been trained on the proper use of this software, the city will offer demonstrations and training to neighboring cities and other local entities that are interested in implementing this software. In addition, the Implementer will utilize the proposed work as a template to provide other local entities in the community the benefit of having experience with this type of software program, together with training materials. As part of the implementation of the utility manager software, the Implementer will purchase utility manager software, train key city staff members on proper use of the software, implement necessary procedural changes, identify savings opportunities and enroll 25% of all city -owned facilities in the utility manager software program. The Implementer will, at a minimum, track the following information through the IR Tool: 1. Baseline energy usage on all municipal accounts; 2. Ongoing energy usage on municipal buildings; and 3. Market use of software to other community stakeholders, both public and private. The Implementer will quantitatively assess the value and benefits of the Program through tracking quantitative energy savings of municipal buildings through the utility manager software system, being a teaching city to other local governments and provide an example of how investment in these types of utility manager software can be incorporated into their facilities management practices. Implementer will provide all materials developed under this task to CPM for review and comment: 1. Report on Status of Consultant or Subcontractor to Support the Task; 2. Enterprise Energy Management System ( "EEMIS ") /Utility Manager Assessment and Planning Report — Implementer shall include assessment of at least one available utility manager type of system, utility manager software selection, plans for completing this task, and plan for sustainability of the utility manager /EEMIS activity; Southern California Edison Company Page: 12 CITY OF BEAUMONT SOW 3.7 3. Procure Utility Manager /EEMIS System — Implementer shall include either invoice for purchase of utility management software or if partnership will utilize the County of Los Angeles' EEMIS system EEMIS Access Agreement between the Implementer and the County of Los Angeles to implement EEMIS for the Implementer; and 4. Utility Manager /EEMIS Installation Report — Implementer shall include documentation of the completed installation of Utility Manager /EEMIS system including the completion of initial EEMIS data acquisition, data transfer and report generation activities, and status report of ongoing Utility Manager /EEMIS data acquisition, data transfer and report generation activities. Training Program Plan - Implementer shall include scope of training, curriculum, and schedule. 6. Training Program Report — Implementer shall include training sessions conducted, attendees at each session, and effectiveness of training. 7. Deliver Monthly reports from Utility Manager/EEMIS system. Task 4.A. - Deliverable(s) Due Date(s) 1. Report on Status of Consultant or Subcontractor to Support the Task 60 days after NTP approval 2. EEMIS /Utility Manager Assessment and Planning Report August 31, 2011 3. Procure Utility Manager /EEMIS System November 30, 2011 4. Utility Manager /EEMIS Installation Report January 31, 2012 5. Training Program Plan February 29, 2012 6. Training Program Report June 30, 2012 7. Deliver Monthly reports from Utility Manager/EEMIS system Last business day of the month beginning immediately after NTP approval. Task 5 — Invoicing and Reporting A. IR Tool: After SCE provides Implementer training on the IR Tool, the Implementer will utilize the IR Tool, which serves three primary purposes: 1. Enables Implementer to provide SCE with required Program information; 2. Provides CPM the capability to access Implementer's Program information and create Southern California Edison Company Page: 13 CITY OF BEAUMONT SOW 3.7 reports; and Provides miscellaneous reporting support for SCE's internal and CPUC reporting requirements. B. Submission of Information into IR Tool: Implementer will update the IR Tool on a Monthly basis in accordance with requirements delineated in Appendix A (Monthly Invoicing and Reporting Requirements), attached hereto. Implementer will work collaboratively with the CPM in tailoring the flat files for the Program. C. Monthly Invoicing and Reporting: All required Monthly invoice reports can be generated via the IR Tool. Implementer will be responsible for implementing, adhering to, and the submission of, the items as described in Appendix A (Monthly Invoicing and Reporting Requirements) of this Statement of Work. The invoice reporting requirements may be amended from time to time, at which time SCE will notify Implementer of the changes and issue a new Appendix A. Implementer will implement these modifications in a timely manner and future invoice documentation will reflect them. D. SCE's Regulatory Reporting: Implementer will implement, adhere to, and submit the items as described in Appendix B (Regulatory Reporting Requirements), attached hereto, as SCE requests. The CPUC reporting requirements may be amended from time to time, at which time SCE will notify Implementer of the changes and issue a new Appendix B. Implementer will implement these modifications in a timely manner and future invoice documentation will reflect them. Implementer acknowledges that SCE may, in its sole discretion, require Implementer to provide such other reports or documentation that SCE deems appropriate or necessary ( "Ad Hoc Reports "). Implementer will comply with any request for such Ad Hoc Report(s) within a reasonable time or, if applicable, within the time requested by SCE. iverapie(s)` Due Date(s) Prepare and submit Monthly invoices and Monthly, by the 15th Calendar Day for supporting documentation to SCE Work completed the preceding Month including, flat files and Monthly deliverable work sheet 2. Prepare and submit monthly regulatory report, including flat files and Monthly deliverable work sheet. 3. Prepare and submit Quarterly regulatory reports (Appendix B) to SCE 4. Prepare and submit Ad Hoc Reports Southern California Edison Company Monthly, by the 15th Calendar Day for Work completed the preceding Month Quarterly, by the 30`" Calendar Day for Work completed the preceding quarter, through October 31, 2012 As SCE requests and /or requires Page: 14 CITY OF BEAUMONT SOW 3.7 5. Prepare and submit final invoice and By November 15, 2012 for final invoice Program Report to SCE and by October 31, 2012 for final Program Report Task 6 - Ramp -Down and Shut -Down Program A. Program Ramp -Down: If there is a gap in Program services after October 15, 2012, Implementer will provide SCE with a ramp -down plan for the Program. To ensure complete Program shut -down, the Program ramp -down period will commence no later than September 1, 2012. Implementer's plan for Program ramp -down will take into consideration that all services must be completed by October 15, 2012. Implementer will resolve all outstanding Program and Partnership issues and begin preparation of the Final Report beginning September 1, 2012. B. Program Shut -Down: Implementer will provide to the CPM a plan with procedures on shutting down the Program. All Program operations will be completely shut down after the last day of the Contract effective period. 1. Submit detailed ramp -down and shut -down plans No later than September 1, 2012 and schedules to CPM for review and approval 2. Resolve outstanding Program and Partnership No later than September 1, 2012 issues and begin preparation of Final Report 3. Begin Program ramp -down 4. Complete all services Task 7 - Submit Final Program Report No later than September 1, 2012 No later than October 15, 2012 After Program shut -down and follow -up issues have been completed and resolved, the Implementer will submit a final report that reviews the Program's progress and accomplishment (the "Final Report "). At a minimum, the Final Report will cover: A. Goal Attainment: Documentation that substantiates the Implementer's achievement of the objectives, Program Performance Indicators, and deliverables for the Contract. Southern California Edison Company Page: 15 CITY OF BEAUMONT SOW 3.7 B. Program Achievement Discussion: Were the goals /objectives met? Were the Program Performance Indicators achieved? Complete Program achievement for each Program Performance Indicator and deliverable indicating the measureable Program accomplishments. C. Program Challenges: What were the significant obstacles that were overcome? D. Lessons Learned: Could a Program of this scale have accomplished more? E. Program Improvement Recommendations: What improvements could have been made to help the Program be even more successful? F. Program Next Step: Should the Program a) be mainstreamed, b) continued to be developed or, c) ended. Deliverable(s) Due Date(s) 1. Submit draft Final Report for SCE review No later than October 1, 2012 and approval 2. Submit revised Final Report for SCE review The earlier of October 15, 2012 or within 2 and approval weeks of SCE comments SECTION 6: PAYMENT A. Payment Terms: The Implementer Budget will utilize 100% time and material based payments ( "T &M payments "). Payment of the Implementer's budget will be based on receipt by SCE of the deliverables set forth herein. T &M payments will be in accordance with the Billing Rates set forth in Table 1, below and Appendix C (Billing Schedule). All payments will be subject to the Contract and consistent with the budget breakdown set forth herein. Payment will be based on meeting deliverables and due dates set forth in Section 5 of this Statement of Work. B. Implementer Budget Limit: Under no event will Implementer exceed the total amount budgeted by SCE for this Contract of $110,000. Table 1: Implementer T &M Hourly Billing Rate Southern California Edison Company Page: 16 CITY OF BEAUMONT SOW 3.7 Table 2: Implementers Budget Breakdown 1) Administration 2) Marketing/Outreach Costs 3) Direct Program Costs Total Implementer Budget: 1) + 2) + 3) SECTION 7: PERFORMANCE INDICATORS 9.0% $ 9,900 34.2% $ 37,600 56.8% $ 62,500 100% $110,000 SCE will, at a minimum, monitor the Work based on the following Program Performance Indicators: A. Progress made against the goals, deliverables, and due dates above; and B. Actual performance versus predicted performance as outlined herein. Southern California Edison Company Page: 17 CITY OF BEAUMONT SOW 3.7 Appendix A: Monthly Invoicing and Reporting Requirements A. Requirements Monthly hard copy invoices are required at the 15th Calendar Day of each Month for Work completed the preceding Month with invoicing supporting files described herein. These invoices and supporting documents are for work performed by the Implementer and all Subcontractors. On November 15, 2012 or sooner, Implementer will submit a final invoice associated with Program services that are tied directly to delivery of the Program deliverables (see Table 1, above). No additional Program services will be performed after October 15, 2012. Subsequent invoices will only contain expenses associated with closing out the Program (i.e., administration expenses, etc.) that are not directly tied to delivery of the Program goals. B. Procedures Implementer uploads their Customer flat files into the IR Tool. The IR Tool creates a draft invoice for Implementer's review. 2. CPM reviews the draft invoice and advises the Implementer to re- submit their invoice if requested. Implementer is required to submit the following files to SCE by the 15th Calendar Day of each Month with each of their invoice submission: • Invoice — Hard Copy and electronic copy uploaded into the IR Tool; • Program Tracking Flat File — Uploaded electronically into the IR Tool; • Financial Flat File — Uploaded electronically into the IR Tool; • Monthly Narrative - Hard Copy with invoice submission; • Deliverable Table — Uploaded electronically; • Allowable Cost Table (see Appendix B) — Hard Copy with invoice submission; and • Supporting documentation — Uploaded electronically into the IR Tool. 3. Upon approval by CPM, the invoice is paid. C. Monthly Narrative The Monthly narrative will include a discussion on the following Program activities occurring during the Month: Southern California Edison Company Page: 18 CITY OF BEAUMONT SOW 3.7 • Administrative activities; • Marketing activities; • Direct Implementation activities; • Implementer's assessment of Program performance and Program status (is the Program on target, exceeding expectations, or falling short of expectations, etc.); • Discussion of changes in Program emphasis (new Program elements, less or more emphasis on a particular delivery strategy, Program elements discontinued, Measure discontinued, etc.); • Discussion of near term plans for Program over the coming Months (i.e., marketing and outreach efforts that are expected to significantly increase Program participation, etc.); • Changes to staffing and staff responsibilities, if any; • Changes to contacts, if any; • Changes to Subcontractors and Subcontractor responsibilities, if any; and • Number of Program complaints received. Southern California Edison Company Page: 19 CITY OF BEAUMONT SOW 3.7 Appendix B: Regulatory Reporting Requirements 1. Program Reporting Implementer will provide SCE with the requisite information on the prior Month's activities, accomplishments and expenditures related to its respective Work obligations, for purposes of preparing any reports required of SCE by the CPUC including Quarterly and Annual Reports. Requirements for these reports may change per the direction of the CPUC or the CPUC's Energy Division. The current reporting requirements are as follows: 2. Quarterly Report Implementer will provide SCE with the requisite information to be compiled for the quarterly portfolio reporting. 2.1. Expenditures for the Program per cost; Section 4, below contains a list of allowable costs. a. CPUC authorized budget b. Operating Budget c. Total Expenditures • Administrative Cost • Marketing /Advertising /Outreach Costs • Direct Implementation Cost 2.2. Program Narratives — For the Program, a description of the Program activities occurring during the quarter. a. Administrative activities b. Marketing activities c. Direct Implementation activities d. Implementer's assessment of Program performance and Program status (is the Program on target, exceeding expectations, or falling short of expectations, etc.) e. Discussion of changes in Program emphasis (new Program elements, less or more emphasis on a particular delivery strategy, Program elements discontinued, Measure discontinued, etc.) f. Discussion of near term plans for Program over the coming months (i.e., marketing and outreach efforts that are expected to significantly increase Program participation, etc.) g. Changes to staffing and staff responsibilities, if any h. Changes to contacts, if any i. Changes to Subcontractors and Subcontractor responsibilities, if any j. Number of Partnership complaints received 2.3. Implementer will provide additional data or information as required by the CPUC. Southern California Edison Company Page: 20 CITY OF BEAUMONT SOW 3.7 3. Annual Reports Implementer will provide SCE with the requisite information to be compiled for the annually portfolio reporting. 31. Expenditures for the Program per cost; Section 4, below contains a list of allowable costs. a. CPUC authorized budget b. Operating Budget c. Total Expenditures • Administrative Cost • Marketing /Advertising /Outreach Costs • Direct Implementation Cost 3.2. Program Narratives — For the Program, a description of the Program activities occurring during the year. a. Administrative activities b. Marketing activities c. Direct Implementation activities d. Implementer's assessment of Program performance and Program status (is the Program on target, exceeding expectations, or falling short of expectations, etc.) e. Discussion of changes in Program emphasis (new Program elements, less or more emphasis on a particular delivery strategy, Program elements discontinued, etc.) f. Discussion of near term plans for Program over the coming Months (i.e., marketing and outreach efforts that are expected to significantly increase Program participation, etc.) g. Changes to staffing and staff responsibilities, if any h. Changes to contacts, if any i. Changes to Subcontractors and Subcontractor responsibilities, if any j. Number of Partnership complaints received 3.3. Implementer will provide additional data or information as required by the CPUC. Southern California Edison Company Page: 21 CITY OF BEAUMONT SOW 3.7 4. Allowable Costs Allowable Costs Table The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer- funded energy efficiency work. The costs reported should be only for costs actually expended. Any financial commitments are to be categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or reported to the CPM. If there is a desire to include additional Allowable Cost elements, the CPM should be contacted in order to seek approval from the CPUC. 3/30/2006 Cost Categories I Allowable Costs Administrative Cost Category Managerial and Clerical Labor Implementer Labor —Clerical Implementer Labor - Staff Management Implementer Labor - Staff Supervision Human Resource Support and Development Implementer Labor- Human Resources Implementer Labor - Staff Development and Training Implementer Benefits - Administrative Labor Implementer Benefits - Direct Implementation Labor Implementer Benefits - Marketing/Advertising/Outreach Labor Implementer Payroll Tax - Administrative Labor Implementer Payroll Tax - Direct Implementation Labor Implementer Payroll Tax - Marketing/Advertising/Outreach Labor Implementer Pension - Administrative Labor Implementer Pension - Direct Implementation Labor Implementer Pension - Marketing/Advertising/Outreach Labor Implementer - Conference Fees Implementer Labor - Conference Attendance Implementer - Travel — Airfare Implementer - Travel — Lodging Implementer - Travel — Meals I Implementer - Travel — Mileaee I - Travel — Implementer - Travel - Per Diem for Misc. Expenses Overhead (General and Administrative) - Labor and Materials I Implementer Equipment Communications I I Implementer Equipment Document Reproduction I Southern California Edison Company Page: 22 Allowable Costs Table CITY OF BEAUMONT SOW 3.7 The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer- funded energy efficiency work. The costs reported should be only for costs actually expended. Any financial commitments are to be categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or reported to the CPM. If there is a desire to include additional Allowable Cost elements, the CPM should be contacted in order to seek approval from the CPUC. 3/30/2006 Cost Cate ories Allowable Costs General Office im lementer Food Service Im lementer Office Su lies Im lementer Postage Im lementer Labor - Accountin Su ort Im lementer Labor - Accounts Pa able Im lementer Labor - Accounts Receivable Im lementer Labor - Facilities Maintenance Im lementer Labor - Materials Mana ement Im lementer Labor — Procurement Im lementer Labor - Sho Services Im lementer Labor — Administrative Im lementer Labor - Transportation Services Im lementer Labor Automated Systems Im lementer Labor —Communications Im lementer Labor - Information Technolopa Im lementer Labor — Telecommunications Cost CateLyory Implementer - Bill Inserts Implementer — Brochures _Implementer - Door Hangers Implementer - Print Advertisements _Implementer - Radio Spots Implementer - Television Spots Implementer - Website Develonment 1m lementer Labor — Marketing Im lementer Labor - Media Production Im lementer Labor - Business Outreach Im lementer Labor - Customer Outreach Im lementer Labor - Customer Relations Direct Implementation Cost Cate -... Financial Incentives to Customers Activity - Direct Labor -Implementer Labor - Facilities Audits Implementer Labor — Curriculum Development Implementer Labor - Customer Education and Training Implementer Labor - Customer Equipment Testing and Dia nostics Installation and Service — Labor Southern California Edison Company Page: 23 CITY OF BEAUMONT SOW 3.7 Allowable Costs Table The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer- funded energy efficiency work. The costs reported should be only for costs actually expended. Any financial commitments are to be categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or reported to the CPM. If there is a desire to include additional Allowable Cost elements, the CPM should be contacted in order to seek approval from the CPUC. 3/30/2006 Cost Categories Allowable Costs Implementer Labor - Customer Equipment Repair and Servicing Implementer Labor - Customer Equipment Repair and Servicing Direct Implementation Hardware and Materials Implementer - Direct Implementation Literature Implementer - Education Materials Implementer - Energy Measurement Tools Implementer - Installation Hardware Implementer -Audit Applications and Forms Rebate Processing and Inspection - Labor and Materials Implementer Labor - Field Verification Implementer Labor - Rebate Processing Im lementer - Rebate Applications Southern California Edison Company Page: 24 Appendix C: Billing Schedule l Beaumont Billing Schedule v2.xls Appendix C - Billing Table CITY OF BEAUMONT SOW 3.7 Southern California Edison Company Page: 25 CITY OF BEAUMONT SOW 3.7 B.4. Implementation Report B.5. Report on Best Practices and Lessons Learned " B.6. Monthly report of tracked Performance Indicators k Southern California Edison Company Page: 26 CITY OF BEAUMONT SOW 3.7 ,� ... a ,u :'i. S .,.,,, i. .,, •`:' „ i '. � �., IpS.F 5� Notes: 1) Labor: Implementer shall invoice SCE at the fixed hourly rates for the applicable labor categories stated in the Contract for time spent direct engaged in performance of the Work by Implementer's employees. Such fixed hourly rates shall be inclusive of all of Implementer's overhea (including all taxes and insurance), administrative and general fees, and profit. 2) Expenses: All reimbursable expenses shall be authorized by SCE in writing prior to the expenditure. Any expenses not so approved by SCE be reimbursed. All expenses shall be charged at cost, without mark -up, and shall be necessary, reasonable and ordinary. a) Material Costs: Material costs shall be substantiated with an invoice stating the unit price, quantity, and other information as required to the Work. b) Subcontract Labor Costs: Subcontracted Work shall be charged at the hourly rates actually paid by Implementer, not to exceed the hourl set forth in the Contract for Work performed by the Implementer. Implementer shall provide Subcontractor invoices for any Implementer's in includes Subcontractor costs. c) Out -of Pocket expenses: Miscellaneous costs such as telephone communications, routine copying, electronic mail, facsimiles, computer in -house technical software are deemed to be included in Implementer's overhead costs will not be reimbursed. d) Travel Costs: Approved air travel costs shall in no case exceed economy or coach fare, whichever is reasonably available. Automobile tr Implementer's office to the Jobsite and to SCE's general offices shall be paid at the fixed mileage rate stated in the Contract, or if not stated rate for SCE employees. 3) Budget Changes: Changes in the Not to Exceed Budget for Tasks highlighted in grey require a change order. 4) Budget Changes: Changes in the Budget for all other Tasks require written authorization from the CPM. Southern California Edison Company Page: 27 Agenda Item No. STAFF REPORT To: Mayor and Council Members From: Community and Economic Development Department Date: July 19th, 2011 Subject: Introduction on Fire Museum and Education Facility Proposal, Noble Creek Park EXECUTIVE SUMMARY: To establish a committee to examine a Fire Museum and Educational Facility at Noble Creek Park. Duties of Committee: Feasibility Analysis Including: Preparing a pro forma that determines an Operations and Maintenance Budget (inclusive of Site and Building Costs, Startup Costs), and; Determining Building requirements, including on -site improvements and off -site improvements; Analyzing Floor plan concepts and exhibit layouts; Identifying Personnel requirements; Identification of needed professional services, including interior and exterior design. Final Project Report: A Final Project Report containing its findings, conclusions and recommendations concerning the proposed establishment of the Fire Museum and Education Center, no later than March 2, 2012. RECOMMENDATION• Approve the attached Letter of Intent: To establish a committee to examine a Fire Museum and Educational Facility at Noble Creek Park. 2. Staff recommends adding one additional representative from each party to the Letter of Intent. The Beaumont Cherry- Valley Recreation and Parks District Board will consider voting on establishing this committee at its next scheduled meeting. Background: On July 13, 2011, this proposal was presented at a Special Joint Workshop between the City Council, Beaumont Cherry- Valley Recreation and Parks District and Fire Memories, Inc. From this meeting, this Staff Report Fire Museum and Education Facility Page 2 item was brought forward for further consideration to today's hearing to establish a committee to study this proposal in more detail. Background on Proposal: At the City's Ice Cream Social Event in September 2010, the City was approached by Douglas and Monte Hammer and Carolyn Green of Fire Memories, Inc., with a proposal to establish a fire museum and education center to the Pass Area. Since then: • In October 2010, City Staff, Beaumont Cherry Valley Parks Staff, and staff of the Beaumont Historical Society met with Monte Hammer to discuss the proposal; • On October 19, 2010, the proposal was introduced to the City Council;. • City staff learned that Fire Memories obtained a preliminary commitment from the City of Banning. However, Fire Memories states that it is receptive to alternatives in the Pass Area, including Noble Creek Park, because the museum would likely have a positive regional economic and be a tourism engine that would benefit all cities in the Pass Area. • In June 2011, Fire Memories approach the City of Beaumont about considering the Noble Creek Park site for a fire museum and educational center. Purpose behind Facility The purpose of this museum proposal can be viewed in four parts: 1. Educating the Beaumont citizens and the Pass Area public about the different types and history of Fire Equipment and Fire Prevention and Safety. 2. Providing a place for Beaumont residents and the Pass Area public to see and experience Fire Equipment and Fire Prevention and Safetyl. 3. Providing a place that would complement the existing Fire Emergency Response Center that operates at the Park from time to time. 4. Providing an opportunity to establish and maintain satellite exhibits at all public buildings in the Pass Area. Other Advantages • A collection of some 2,200 unique fire memorabilia and historical items • Perhaps as many as 5,000 or more visitors per a month in the Is` Year, with as much as 10 percent growth annually for next 10 years • Draws from a 100 mile radius; some 220,000 vehicles passing on I -10 daily • No other museum similar to this within 100 miles of Beaumont • Anticipated 5 to 10 large events annually with some advertised at the national level Staff Report Fire Museum and Education Facility Page 3 Facility Concept • 16,000 square foot facility that is flexible, in terms space layout and expandability which would connect to the existing Park facility building. This would be located in the vicinity of the southeast corner of the park. • 3,000 square foot (expandable to 6,000 sf) satellite mechanical facility to be located • adjacent to Noble Creek, which could be used to train local high school students in automotive repair. 0 12,000 square feet of paved parking surface area • Improvements to be made at the intersection of Elm Avenue and the existing eastern entrance. • Creating a unique street name theme for the park Costs An ESTIMATED range of $1.5 million to $2 million. These figures will be determined further by a committee. In summary, staff believes that a museum facility and education center of this type will positively affect the City's and Park District's tourism base, as well as that of the Pass Area. RECOMMENDATION: Should the City Council desire to proceed, staff recommends that the City Council: 1. Review and approve the attached draft Letter of Mutual Intent to establish a committee to examine a Fire Museum and Educational Facility at Noble Creek Park, and, 2. Adding one additional representative from each party to the Letter of Intent. Respectfully submitted; CITY OF BEAUMONT Chris Tracy Associate Planner C ity of Beaumont 550 E. 6t1z Street Beauuwiit, CA 9222 (951) 769 -5520 FAX (951) 769 -8526 Email: city {gall @ci.heaunu>>rt.ca. {is www.ci.beaunlorlt.r-a.us July , 2011 President, Board of Directors Beaumont - Cherry Valley Recreation & Park District Brookside Avenue Beaumont, California 92223 President, Board of Directors Fire Memories, Inc. , California Re: Letter of Intent to Establish a Fire Museum Dear and This Letter of Intent ( "LOI") by and between the City of Beaumont ("City'), the Beaumont - Cherry Valley Recreation & Park District ( "District") and Fire Memories, Inc. ( "Fire Memories " ), sets forth the proposed terms on which the City, the District and Fire Memories will establish and maintain a Fire Museum in the City of Beaumont. The Parties expressly acknowledge and agree that this LOI contemplates the execution of a subsequent agreement (or agreements) between them which, if executed, will effect the specific terms and conditions of the transaction contemplated by this LOI (the "Definitive Agreement "). For purposes of this LOI, the City, the District and Fire Memories are sometimes referred to individually as "Party ", and together as "Parties." Section 1 Establishment of "Formation Committee" In anticipation of the Definitive Agreement, the Parties hereby establish a Formation Committee consisting of at least one member of the City Council, and one member each of the Board of Directors of the District and Fire Memories. The appointees to the Committee shall serve at the pleasure of the appointment body. The Committee members shall elect, among themselves, a Chair, the position of which shall be rotated among the members as they may, in their sole discretion, determine. The meetings of the Committee shall be open and public, but not subject to the Brown Act. A quorum, for purposes of conducting a meeting and for voting, Letter of Intent Page 2 July , 2011 shall consist of all three representatives of the Parties. The Committee shall promptly establish a regular meeting time and place. Section 2 Responsibilities of the Formation Committee The primary purpose of the Formation Committee is to determine the feasibility of establishing a Fire Museum at Noble Creek Park. In so doing, the Committee shall develop the following plans: a. Building requirements, including on -site improvements and off -site improvements; b. Floor plan concepts and exhibit layouts; C. A pro forma operations and maintenance budget; d. Personnel requirements; e. Identification of needed professional services, including interior and exterior design. Section 3 Final Proiect Report The Formation Committee shall report, from time -to -time, its progress to the City, the District and Fire Memories. The Formation Committee shall prepare a Final Project Report containing its findings, conclusions and recommendations concerning the proposed establishment of the Fire Museum, no later than March 2, 2012. Section 4 Costs and Expenses of Committee Work The members of the Formation Committee shall serve without compensation, and shall endeavor to conduct its work without cost or expense to the Parties. Notwithstanding the foregoing, the Formation Committee may, from time -to -time, submit a written request for funds, and a proposed budget therefor, to the Parties for consideration, approval and funding, on a pro rata basis or on such other basis as the Parties may mutually agree. Section 5 Preparation of Definitive Agreement By execution of this LOI, and upon completion of the work of the Formation Committee and submittal of its Final Project Report, the City, the District and Fire Memories agree to enter into good faith negotiations toward the development of a Definitive Agreement consistent with the terms and conditions set forth in this LOI and such other terms and conditions as may negotiated by the Parties. Section 6 Assignment This LOI and the Definitive Agreement shall be personal to the Parties. The Parties shall not have the right to assign or otherwise transfer and /or convey any or all of their respective interests Letter of Intent Page 3 July , 2011 in this LOI and/or the Definitive Agreement, except upon the prior written consent of the other Parties. Section 7 Authority Each of the undersigned individuals, by execution of this LOI on behalf of the Parties, represents and warrants to the others that such individual has the legal right, power and actual authority to execute this LOI. Section 8 Intent of the Parties The Parties acknowledge and agree that this LOI, when executed by the Parties, merely constitutes a general statement of mutual intentions with respect to the proposed transaction, does not contain all matters upon which agreement must be reached in order for the proposed transaction to be consummated and, therefore, does not constitute a binding commitment with respect to the proposed transaction itself or an agreement to negotiated. A binding commitment with respect to the proposed transaction will result only from the execution of the Definitive Agreement, which will be necessarily contingent upon several other factors and be subject to the terms and conditions expressed therein. Conclusion If this LOI accurately describes our common understanding regarding the parameters of a negotiation to enter into a Definitive Agreement, and the District and Fire Memories would be willing to proceed with the negotiations for such an agreement upon the basis set forth above, please sign and return a copy of this LOI to the City within the next 30 days. If this LOI is no so executed and received by the undersigned within 30 days of the date of this LOI, then the proposal set forth herein will automatically expires at such time. Very truly yours CITY OF BEAUMONT Brian Deforge, Mayor Letter of Intent Page 4 July , 2011 Agreed to and accepted as of the date first above written: Dated: Dated: BEAUMONT- CHERRY VALLEY RECREATION & PARK DISTRICT : President of the Board of Directors FIRE MEMORIES, INC. Lm President of the Board of Directors ORDINANCE NO. 999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 2.08.100 OF THE BEAUMONT MUNICIPAL CODE RE: "CITY COUNCIL — SALARIES" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 2.08. 100 of Chapter 2.08 of the Beaumont Municipal Code, entitled "City Council— Salaries" is hereby amended in its entirety to read as follows: "Section 2.08.100 City Council — Salaries "Bach member of the City Council shall receive a salary of $400.00 per month, to be paid at the same time and in the same manner as salaries are paid to other officers and employees of the City. The salary may be increased by ordinance or by an amendment thereto, in an amount of up to 5% for each calendar year from the operative date of the last salary adjustment in effect when the ordinance or amendment is enacted." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: day of , 2011, by MOVED, PASSED AND ADOPTED this day of , 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Deputy City Clerk CITY OF BEAUMONT BRIAN DEFORGE, Mayor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 999 duly introduced at a regular meeting of the City Council of the City of Beaumont held on , 2011, and was duly adopted upon a second reading on , 2011, by the roll call votes indicated therein. CITY OF BEAUMONT LM (SEAL) SHELBY HANVEY, Deputy City Clerk 2 CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, July 19, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6t" Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): ORDINANCE NO. 999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 2.08.100 OF THE BEAUMONT MUNICIPAL CODE RE: "CITY COUNCIL — SALARIES" Date: June 28, 2011 -ss- Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on July 8, 2011 Agenda Item No. � ` k STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: COMMUNITY AND ECONOMIC DEVELOPMENT DEPT. AGENDA DATA: JULY 19, 2011 SUBJECT: ORDINANCE 1000 - AMENDING CHAPTER 17.07.070A.12 "FLAGS" (To allow for increased flag area and flag pole height) BACKGROUND /ANALYSIS: It has come to staff's attention that changes are needed to update the flag section of the Sign Ordinance due to issues that have arisen since the last update. The proposed update would allow property owners to have the ability to install standard size poles and flags based on their property size and type. To address these concerns, staff is recommending that the Ordinance will be amended to read: 12. Flags. Flags on commercial, industrial, or agricultural properties: a. maximum number of flags for property less than one (1) acre: three (3); maximum height of flag poles: thirty (30) feet; maximum area of each flag: sixty (60) square feet (measured one side only). b. maximum number of flags for property one (1) acre or larger: six (6); maximum height of flag poles: thirty (30) feet; maximum area of each flag: sixty (60) square feet (measured one side only) c. Flags on residential properties less than 3/a acre: maximum number of flags: three (3); maximum number of flag poles: one (1); maximum height of flag poles: twenty (20) feet; maximum area of each flag: Forty (40) square feet (measured one side only) No flags displaying commercial messages, images or symbols may be displayed in residential zones. d. Flags on residential properties 3/a acre or larger: maximum number of flags: three (3); maximum number of flag poles: one (1); maximum height of flag poles: thirty (30) feet; maximum area of each flag: Forty (40) square feet (measured one side only). No flags displaying commercial messages, images or symbols may be displayed in residential zones. RECOMMENDATION: Staff recommends that the City Council: 1. Hold a Public Hearing; and, 2. Approval of the 1 s` reading of Ordinance 1000 amending Chapter 17.07.070A.12. Very truly yours; CITY OF BEAUMONT � I e Rebecca enTn g Assistant Director of Planning ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 17.07.070.A.12 OF THE BEAUMONT MUNICIPAL CODE RE: "FLAGS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Subsection A.12 of Section 17.07.070 of Chapter 17.07 of the Beaumont Municipal Code, entitled "Flags ", is hereby amended in its entirety to read as follows: "12. Flags. Flags on commercial, industrial, or agricultural properties: a. maximum number of flags for property less than one (1) acre: three (3); maximum height of flag poles: thirty (30) feet; maximum area of each flag: sixty (60) square feet (measured one side only). b. maximum number of flags for property one (1) acre or larger: six (6); maximum height of flag poles: thirty (30) feet; maximum area of each flag: sixty (60) square feet (measured one side only) c. Flags on residential properties less than 3/4 acre: maximum number of flags: three (3); maximum number of flag poles: one (1); maximum height of flag poles: twenty (20) feet; maximum area of each flag: Forty (40) square feet (measured one side only) No flags displaying commercial messages, images or symbols may be displayed in residential zones. d. Flags on residential properties 3/4 acre or larger: maximum number of flags: three (3); maximum number of flag poles: one (1); maximum height of flag poles: thirty (30) feet; maximum area of each flag: Forty (40) square feet (measured one side only). No flags displaying commercial messages, images or symbols may be displayed in residential zones." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 19th day of July, 2011, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this 161h day of August, 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Mayor ATTEST: Deputy City Clerk 12. Flags. Flags on commercial, industrial or agricultural properties: a. maximum number of flags for property less than one (1) acre: three (3); maximum height of flag poles: thirty (30) feet; maximum area of each flag: €erty-tweSixt (6042) square feet (measured one side only). b. maximum number of flags for property more than one (1) acre: six (6); maximum height of flag poles: thirty (30) feet; maximum area of each flag: €ewe -Sixt (6042) square feet (measured one side only). c. Flack on residential properties less than 3/ acre: maximum number of flaps: three (3)• maximum number of flag poles: one (1)• maximum height of flap poles: twenty (2O) feet; maximum area of each flag: Forty (40) square feet (measured one side only) No flags displaying commercial messages, images or symbols may be displayed in residential zones. d Flags on residential properties 3/ acre or larger: maximum number of flags: three (3)' maximum number of flag - one (1)• maximum heiht of flap poles: thirty (30) feet; maximum area of each flag: Forty (40) square feet (measured one side only) No flags displaying commercial messages, images or symbols may be displayed in residential zones. ags- -e ��el properties: maximurn number of flags: few (4)i maximurn number of flag-peless� one (1); Fnaximurn height of flag pole. Rot higher than the tep of the roof of the — 'dentmal StF OtUFe, Fnaximurn area of all flags E;ernbined- sixty (60) square feet. NE) flags displayiRg GE)FnmeMial messages, images or 6ymbols be displayed in residential zones. Agenda Item No. `° .c," STAFF REPORT To: Honorable Mayor and Council Members From: Ashley Starr, Customer Service Coordinator Date: July 19`h, 2011 Subject: Approval of the City of Beaumont's Annual Partnership Overview per requirements of the Southern California Edison's "Energy Leaders Partnership" Background and Analysis: In 2010, the Beaumont City Council approved an Energy Action Plan (EAP), a vital component of our "Energy Leaders Partnership" with Southern California Edison. The EAP is a living document which identifies energy saving projects, sets goals for completion and ultimately assists the City in reducing energy usage by 20% by the year 2012. To continue to advance through the Energy Leaders Partnership, the City of Beaumont must provide evidence of implementation of the Energy Action Plan. Per Southern California Edison, implementation actions must include: evidence of inclusion in the Capital Improvement Project (CIP) budget, evidence of integration of EAP in City policy documents, evidence of substantial implementation of energy efficiency measures as identified in EAP as part of the annual planning process. To achieve this goal staff developed an Annual Partnership Overview (APO). This document includes the previously approved EAP, current approved CIP budget, details current and future projects and provides evidence of implementation and completion of projects in the form of attachments. Recommendation: Staff recommends APPROVAL of the Annual Partnership Overview (APO) as evidence of implementation of the Energy Action Plan of the City of Beaumont. Respectfully submitted; CITY OF BE ONT Ashley Starr, Customer Service Coordinator The City of Beaumont's Local Government Energy Leader Partnership with Southern California Edison 2011/2012 Annual Partnership Overview SOLiTHERN CALIFORNIA An EDISON INTERNATIONAL"' Company 1 TABLE OF CONTENTS PartnershipProfile ................................................................................................................................... 3 Goalsand Objectives ............................................................................................................................... 4 Rolesand Responsibilities ...................................................................................................................... 8 PartnershipProfile ................................................................................................................................. 1S EnergyEfficiency Projects ..................................................................................................................... lA Implementation and Activities ............................................................................................................. Z2 Eventsand Outreach .............................................................................................................................. 27 Appendix Energy Action Plan 2011/2012 Capital improvement Plan Budget 4 PARTNERSHIP OVERVIEW The Beaumont Energy Leader Partnership Program is a local government partnership between city of Beaumont and Southern California Edison (SCE). This Partnership was formed as of 2009 and the Partnership contract was renewed for another 3 year program cycle from 2010 -2012. This partnership is built on the City's efforts to enhance energy efficiency through state -of -the —art retrofit projects of existing municipal buildings and the community in whole. Energy savings goals are established through city identified projects and funded with Partnership incentives including technical assistance. Community energy efficiency efforts are implemented by the Partnership marketing and outreach funds. The Partnership also supports the Strategic Plan activities within the City according to California Long Term Strategic Plan. This detailed partnership plan is developed collaboratively by the City and SCE, for work conducted within the SCE service territory, as a guiding document through which partnership goals and objectives will be achieved. Partnership Team • Local Governments: City of Beaumont • Utilities: Southern California Edison (SCE) Partner Contact Position Tel # E -mail SCE Gregory Haney Manager 626 - 302 -0652 Gregory.Haney @sce.com SCE Joanna Chang Project Manager 626 - 302 -0644 Joanna.chang @sce.com SCE Cynthia Garcia BCD /G &I Rep. 909 - 873 -7959 Cynthia.Garcia @sce.com SCE Jennifer Menjivar LPA 760 - 202 -4231 Jennifer.menjivar @sce.com Beaumont Ashley Starr Program Manager 951 - 769 -8520 astarr @ci.beaumont.ca.us Beaumont Elizabeth Urtiaga Resource Manager 951- 769 -8520 eurtiaga @ci.beaumont.ca.us Beaumont Rebecca Asst. Dir. Of 951 - 769 -8520 rdeming @ci.beaumont.ca.us kWh Deming Planning 297,679 992,263 PARTNERSHIP GOALS & OBJECTIVES FOR 2010 -2012 Goals Energy Savings — Municipal Facilities Energy Savings — Community 2010 2011 2012 Total kWh 396,905 297,679 297,679 992,263 kW 91 68 68 226 Energy Savings — Community Objectives Objective 1— "LEAD BY EXAMPLE" BY GREENING MUNICIPAL FACILITIES The program element for government facilities consist of retrofit of City and municipal facilities, retro- commissioning of buildings, and integrating Demand Response into the audits, described below. A- Retrofit of City and municipal facilities The City of Beaumont plans to complete a comprehensive retrofit of all existing municipal facilities over the next three years. All municipal facilities have already been audited for energy efficiency and cost estimates for retrofits have been provided to the City Council and City Manager. Potential opportunities identified for energy savings include but are not limited to: comprehensive lighting retrofits (indoor and outdoor), installation of Variable Frequency Drives (VFD's) on various pumps, and HVAC retrofits. 4 2010 2011 2012 Total kWh TBD TBD TBD TBD Objectives Objective 1— "LEAD BY EXAMPLE" BY GREENING MUNICIPAL FACILITIES The program element for government facilities consist of retrofit of City and municipal facilities, retro- commissioning of buildings, and integrating Demand Response into the audits, described below. A- Retrofit of City and municipal facilities The City of Beaumont plans to complete a comprehensive retrofit of all existing municipal facilities over the next three years. All municipal facilities have already been audited for energy efficiency and cost estimates for retrofits have been provided to the City Council and City Manager. Potential opportunities identified for energy savings include but are not limited to: comprehensive lighting retrofits (indoor and outdoor), installation of Variable Frequency Drives (VFD's) on various pumps, and HVAC retrofits. 4 6- Retro- commissioning (of buildings or clusters of buildings) The Beaumont ELP will focus on retro- com mission ing municipal buildings through energy management systems for City Hall and the Police Department. In addition, this partnership will examine other creative ways to improve building efficiency and reduce its overall carbon footprint through examining hours of operation, evaluating possible lighting and HVAC procedural changes, and creating an atmosphere that encourages conservation and wise - stewardship of all natural resources. Example: One such project is the retrofit and recommissioning of the Beaumont Police Administration Building and Dispatch Center. This cluster of buildings was formerly an elementary school. The City purchased the property from the Beaumont Unified School District and plans to leverage Energy Efficiency and Conservation Block Grant funding with SCE's incentives and rebates. C- Integrated Demand Response into the Audits The City of Beaumont has already enrolled in California's Statewide Flex Alert Program and implemented an internal educational campaign. In addition, the City has participated in one or more SCE DR programs, developed a Peak Demand Reduction Action Plan, distributed Energy Solutions brochure to employees, completed an integrated Demand Side Management audit at all eligible facilities greater than 200 kW as part of Demand Response Criteria under new Energy Leader Partnership Model. In order to meet the DR requirement for next tier, Platinum, the City of Beaumont plans to organize a local outreach event during the Spring /Summer season to promote demand response /IDSM, ensure at least 50% of eligible facilities participate in an SCE Demand Response program and develop an Energy Reduction Action Plan for the participating facilities and participate in SCE's Auto DR program at least one eligible facility. Example: As part of the implementation of the DR requirements, the City's Waste Water Treatment Plant has been enrolled in Demand Response through EnerNOC and has successfully responded to each "event" that has been called since the program was implemented. Recently the City has conducted co- branded marketing and outreach to residential customers on SCE's Demand Response programs, ensured at least 25% of eligible facilities participate in an SCE Demand Response program and developed an Energy Reduction Action Plan for the participating facilities and implemented a DR measure recommended from the IDSM audit at least one eligible facility. D- Technical Assistance for Project Management, Training, Audits, Etc. The Beaumont ELP has already dedicated one full -time employee to oversee the administration of this program. In addition, two City employees have attended a workshop provided by CTAC and continue to be in contact with SCE staff and project management on a regular basis. A specific budget for each of these elements will be included in the City's comprehensive "Office of Sustainability" which has been approved by the Beaumont City Council. The City has also partnered with UC Riverside's "SC- RISE" program in order to obtain additional "third party" technical assistance for future energy efficiency and renewable energy projects. The Beaumont Partnership has also taken advantage of SCE's technical assistance contractors (OnsiteEnergy) in completing a comprehensive energy audit of the future Police Administration Building and Dispatch Center. E- On -bill Financing Although the City of Beaumont plans to finance any retrofit projects in house, it is a possibility that on -bill financing may be utilized for certain HVAC retrofits that may include the use of alternative forms of energy such as hybrid AC units (solar) and "load shifting" technologies. Objective 2 — ENCOURAGE CONSTITUENTS AND STAKEHOLDERS TO MATCH OR EXCEED LOCAL GOVERNMENT EFFORTS A- Outreach and Education The City of Beaumont Energy Leader Partnership has established a three year ME &O plan that incorporates public events, educational workshops, and other venues for publicizing the partnership goals and providing various types of assistance to local business owners, private citizens, and other public entities within the City's jurisdiction. In addition, the City of Beaumont plans to actively participate in regional initiatives focused on sustainable development including the "Green Valley Initiative," an organization dedicated to promoting sustainability within the Inland Empire region, which the City Council has already passed a resolution in support of. Example: The Beaumont ELP will continue to work with the City's public information officer to create press releases outlining the progress of the partnership and publicizing upcoming ME &O events as well as continue to update the "Going Green" section of the City website with information pertaining to energy efficiency programs as well as other initiatives related to resource conservation and sustainability. The City has worked consistently with SCE to promote co- branded programs for residential and commercial energy efficiency and demand response. B- Residential and Small Business Direct Install The partnership will incorporate training programs with the goal of supporting SCE's core programs for businesses, particularly small offices and convenience stores. In addition, through the partnership, the City will work in conjunction with the Chamber of Commerce and SCE to provide workshops dedicated to specific businesses (restaurants, offices, etc.) to publicize the core programs provided by SCE. These workshops will be undertaken as part of both the Local Government Strategic Planning Solicitation award that the City of Beaumont received from SCE. Example: Direct Install has already successfully completed a "sweep" of over 100 local businesses who participated in the program in fall of 2009. The City has also worked with SCE to promote energy efficiency for local mobile home parks, including a sweep of all eligible properties completed by City Code Enforcement and Building and Safety staff. Within the coming months, the City of Beaumont is committed to working with SCE to promote the statewide "Energy Upgrade California" residential direct install program. 0 C- Third -party Program Coordination The City of Beaumont Energy Leader Partnership will work to include third -party programs through strategies as well as encourage local businesses and residents to explore the options provided by these types of programs. The City has successfully collaborated with several third -party entities such as EnerNOC (Demand Response), OnsiteEnergy (energy efficiency audits), and UC Riverside's SC -RISE program (renewable energy research). D- Retrofits for just -above Low- Income Energy Efficiency- (LIEE) qualified customers The partnership will support retrofits for those who qualify for this program through active outreach and marketing, most recently including mobile home energy efficiency retrofits. Example: The City of Beaumont has enrolled as a capitation agency for CARE and FERA programs offered by SCE to income qualified customers. E- Technical Assistance for Program Management, Training, Audits, Etc. The partnership plans to utilize a portion of its resources to this particular activity. The Core Programs provided by SCE will be utilized to reach their appropriate audience and the City will work continuously to identify other programs that may serve the City of Beaumont more effectively. These programs may include, but are not limited to: Savings by Design, Direct Install, VFD Pool Pump Rebate Program, etc. OBJECTIVE 3 — STRATEGIC PLAN ENERGY EFFICIENCY ACTIVITIES The Partnership will use the following strategies in support of the California Long Term Energy Efficiency Strategic Plan (Strategic Plan). A- Code Compliance Support Beaumont will examine current compliance with Title 24 standards and explore the potential of creating an energy efficient code compliance improvement program. The partnership will support this activity. Example: The City has implemented a voluntary Green Building Program which will encourage developers as well as homeowners, who plan on undertaking any improvements, to follow more sustainable guidelines and will provide technical assistance to do so. The City's Green Building Program was preliminarily approved by City Council as part of the City's Office of Sustainability. B- Reach Code Support The partnership will seek to establish meaningful CEC- approved Reach codes as part of its effort to add value to energy efficiency in alignment with strategies. Objectives related to "reach code" activities will be undertaken as part of the Local Government Strategic Planning Solicitation. C- Guiding Documents Support The City of Beaumont plans to use the resources provided through the Energy Leaders Partnership model to create a comprehensive Climate Action Plan as well as a short -term implementation plan to head towards achieving goals of AB 32. The City of Beaumont has already identified its baseline energy usage as a point to progress forward from and plans to monitor its energy usage in relation to that baseline to track reductions. Example: The City is working with the Climate Registry in order to develop a full greenhouse gas emissions baseline. Staff expects the green house gas inventory to be completed in July 2011. D- Financing for the Community The City plans to augment its own resources with the technical knowledge and resources provided through the partnership to reach the community through various levels of involvement, including workshops and other public information tools as well as identifying other local entities, both public and private, to aid in the administering of the partnership resources to the public. E- Peer to Peer Support The City of Beaumont Partnership has been extremely proactive in working with other partnerships as well as SCE to share ideas and strategies that have proved successful, as well as to point out areas of improvement. Beaumont volunteered to assist SCE project coordinators in the creation of a template for community outreach to be utilized by all ELP's. The Beaumont Energy Leader Partnership will continue to actively participate in the various Peer -to -Peer strategies while forging their place as a leader and innovator among the ELP's. F- Energy Action Plan In October 2010, the Beaumont City Council approved an Energy Action Plan (EAP) to guide the City of Beaumont in reaching its goal of reducing energy consumption by 20% by 2012. For complete EAP please refer to appendix. ROLES AND RESPONSIBILITIES OF THE PARTIES In an effort to improve open and constant communication, the following roles and responsibilities were established to assist in delivering energy efficiency and demand response results as well as maintaining excellent customer relations. The following guidelines 0 are intended to streamline our multiple touch points with our customers, eliminate duplication of work and mixed accountability, as well as foster a strong collaborative environment among LPA, BCD and CP &S in their work with the energy efficiency partnerships. Legend EE Energy Efficiency Project Manager (EE is interchangeable with EE and DR) LPA Local Public Affairs Region Manager G &I Government & Institutions Account Executive /Manager Roles and Responsibilities of the Parties (SCE:EE /BCD /LPA) Managing Customer Relationships (Counties) ** There are exceptions to this when the external partnership contact is the same contact as the LPA or G &I rep's primary contact. Partnership and Related DSM Deliverables LEAD SUPPORT A) Elected officials, senior staff (e.g. City Manager, County Administrator etc.) LPA G &I B) Public Works Director (only in regards to delivering DSM programs for municipal facilities) State Level Contact for G &I LPA C) Designated external partnership project lead ** EE LPA /G &I ** There are exceptions to this when the external partnership contact is the same contact as the LPA or G &I rep's primary contact. Partnership and Related DSM Deliverables M LEAD I SUPPORT A) Determine customer interest in forming a partnership with SCE (Note: in the past, some requests for partnerships have come from other sources) LPA* G &I B) Obtain historical EE program participation for the City and County EE G &I C) Establish program /partnership parameters, including budget, resources, and overall program targets EE G &I /LPA M D) Identify the EE project leads to create a pool of EE projects G &I EE /LPA E) Quantify leads and determine specific measures and savings potential into an EE G &I integrated project plan EE BCD /LPA F)) Responsible for customer installing DSM G &I EE /LPA program measures at government facilities EE G &I G) Program rule interpretation, reporting requirements, managing third EE G &I /LPA party /vendor performance and validation of program results H) Program materials, marketing support, third party support; e.g. technical EE analysis, third party vendors /auditors 1) Educational outreach to business and community (Note: this effort largely EE LPA /BCD depends on the sector targeted; e.g. outreach to small business or residential) *LPA will lead the discussions if it is with local government elected officials or senior staff; otherwise G &I will lead the discussions for the Institutional Partnerships Internal Collaborative Process 10 LEAD SUPPORT A) Ensure each partnership contains an agreed upon annual plan that includes specific kWh & kW deliverables EE BCD /LPA B) The annual plan identifies educational outreach components with timeline and deliverables (Note: including spill over involving sectors impacting other customer segments) EE BCD /LPA C) Schedule and facilitate monthly internal meetings EE LPA & G &I D) Reporting EE /DR results and numbers EE G &I E) Assess the ability to improve program design EE G &I 10 Annual Goal Calibration with Customer - - Existing Partnerships Roles and Responsibilities of the Parties (Program Partners) The City of Beaumont is the Program Partner that will serve as the Lead Implementer for this partnership. The role of the Program Partner is to: • Assemble the partnership and secure commitments from participants. • Develop the program plans for each of the participating cities. Each program plan must describe the detailed commitments by each of the participating cities including, but not limited to: ➢ The energy savings and demand response goals and objectives; ➢ Lists of projects that have been identified to achieve those goals and objectives; and The portfolio of planned marketing, education and outreach (MEO) activities. • Implement the program plans on behalf of participating cities and perform all requisite monitoring and reporting. In addition, the City will undertake the following activities to support the goals of the California Long Term Energy Efficiency Strategic Plan: ➢ Continue research on the implementation possibilities of other building energy codes for commercial, residential, and industrial developments in Beaumont. ➢ Continue exploration on the implementation possibilities for AB 811 legislation. ➢ Partner with other community agencies, public and private, to increase knowledge and energy efficiency education. 11 LEAD SUPPORT A) By January 31St, meet w /local agency or institution in setting annual Kwh, KW and Educational Outreach deliverables G &I EE /LPA B) Develop project plan EE LPA /G &I C) Coordination and implementation of projects, events and activities EE G &I /LPA Roles and Responsibilities of the Parties (Program Partners) The City of Beaumont is the Program Partner that will serve as the Lead Implementer for this partnership. The role of the Program Partner is to: • Assemble the partnership and secure commitments from participants. • Develop the program plans for each of the participating cities. Each program plan must describe the detailed commitments by each of the participating cities including, but not limited to: ➢ The energy savings and demand response goals and objectives; ➢ Lists of projects that have been identified to achieve those goals and objectives; and The portfolio of planned marketing, education and outreach (MEO) activities. • Implement the program plans on behalf of participating cities and perform all requisite monitoring and reporting. In addition, the City will undertake the following activities to support the goals of the California Long Term Energy Efficiency Strategic Plan: ➢ Continue research on the implementation possibilities of other building energy codes for commercial, residential, and industrial developments in Beaumont. ➢ Continue exploration on the implementation possibilities for AB 811 legislation. ➢ Partner with other community agencies, public and private, to increase knowledge and energy efficiency education. 11 PARTNERSHIP PROFILE Incentive Tier Data Partnership Level as of April 1, 2011 ❑ Valued Partner, Basic (entry level) ❑ Silver Partner (Commit to develop an energy action plan with community and city energy reduction goals. In addition, commit to complete energy efficiency upgrades for 25% of city facilities, achieving a minimum 5% reduction in city energy consumption, and participate in Demand Response Level 1.) X Gold Partner (Achieve Silver commitments and agree to complete energy efficiency upgrades for 50% of city facilities, achieving a minimum 10% reduction of city energy consumption, and participate in Demand Response Level 2.) ❑ Platinum Partner (Achieve Gold commitments and agree to complete energy efficiency upgrades for 100% of city facilities, achieving a minimum 20% reduction in city energy consumption, and participate in Demand Response Level 3.) Background The City of Beaumont (City) is located in the westernmost portion of Riverside County. Beaumont is located approximately 70 miles east of downtown Los Angeles, 21 miles northeast of Riverside, and 21 miles southeast of San Bernardino. The City is currently embarking upon a partnership with Southern California Edison that means energy savings for the City, -residents, and businesses. The City is taking a three - pronged approach to reduce City energy usage by 20% or more by the year 2011. The City has reached the "Gold" level of the ELP model and anticipates reaching the "Platinum" level within the next six months. Sustainability Policies, Goals, Vision, Plans The sustainability goals and policies as outlined in the City's general plan' are as follows: • Goal 4 (Circulation Element). The City of Beaumont will work to facilitate the maintenance and enhancement of rail transportation in and through the City. • Goal 5 (Circulation Element). The City of Beaumont will promote the enhancement of public transportation and alternative modes of transportation to meet existing and future demands. 15 • Goal 1 (Resource Management Element).The City of Beaumont will promote the maintenance of soil and agricultural resources. • Goal 2 (Resource Management Element). The City of Beaumont will promote the maintenance and management of water resources. • Goal 3 (Resource Management Element). The City of Beaumont will cooperate in regional efforts to improve air quality. • Goal 4 (Resource Management Element). The City of Beaumont will promote the protection of biological resources; • Goal 5 (Resource Management Element). The City of Beaumont will promote in cultural resources management and /or preservation efforts. • Goal 6 (Resource Management Element). The City of Beaumont will maintain and enhance open space that will be used for resource preservation and /or recreation • Resource Management Element Policy 73he City of Beaumont will support the use of energy- efficient equipment and design in City facilities and infrastructure. • Resource Management Element Policy B.The City of Beaumont will encourage incorporation of energy conservation features in new developments and in the renovation of existing development. • Resource Management Element Policy 21. The City of Beaumont shall seek to establish a comprehensive bikeway and pedestrian trail system. Other sustainability programs /efforts The Resource Management Plan for Beaumont promotes the protection of the environment in the City. The plan provides a citywide approach to the utilization, conservation, and management of the City's resources. The plan consists of programs for the preservation of significant resources and standards for development in areas with identified resources. The plan also addresses parks, recreation facilities, and open space The City is a member of the San Timoteo Watershed Management Authority ( STWMA), a joint powers public agency formed to manage water resources. Studies undertaken by the STWMA indicate that water levels in the BSU have remained relatively stable over the past twenty years, and that current levels of groundwater use are in balance with groundwater recharge. Future groundwater levels in the BSU will be managed by the STWMA pursuant to an agreement among the individual users and major water purveyors operating in the BSU. Decision - Making Processes The City's Energy Champion /SCE Partnership Project Manager will oversee the implementation of these retrofit projects including demand response where applicable. The City Manager, Alan Kapanicas, with the direction of City Council, will determine which projects will move forward first. Any projects totaling over $5,000.00 will need approval from City Council to move forward. In addition, the work done on these retrofits must follow the public bid process if it does not qualify under the maintenance contract that the City currently holds. The City Manager will have the 16 discretion regarding retrofit projects less than $5,000.00 and will have the authority to determine the priority list for those specific projects. Funding for all municipal retrofits will be in- house. It has already been determined by the City Manager that the City will not seek funding from outside sources since Beaumont has it's own financing authority. However, the City will look into any grant- funding opportunities that may become available for energy efficiency or renewable energy projects. Partnership Internal Communications Processes Key Activity Description Identify key stakeholders to participate The management team will identify key stakeholders in each agency to participate in the project team. Conduct solicitation for potential projects from The retrofit project team will coordinate with participating agencies customer to generate a pool of projects for evaluation. Compile and evaluate projects based on project The retrofit project team will perform due diligence on criteria and cost effectiveness requirements. proposed projects to ensure that each project meets he criteria and cost- effectiveness requirements. Project team will provide a list of recommended projects to proceed with implementation. Approve projects for funding The management team will review project team recommendations for potential projects. Coordinate project implementation with Partners The project team will have oversight of project and contractors. implementation and will coordinate with customer and contractors to ensure successful and timely implementation of the project. Verify project installation and provide incentive The project team will conduct pre and post payments. inspections. Upon verification, project team will approve the completed projects for incentive payments. 17 Key Activity Description Compile project results and complete final report. The project team will compile all relevant project information including measure information, energy savings, program incentives paid, etc. Coordinate with EM &V contractor where If required, there will be management team applicable. coordination with the project teams and key stakeholders to support any requests from the CPUC approved EM &V contractors. Financing it X The primary responsibility of the Finance Department is the management of all City finance matters including accounts payable and payroll as well as the annual city budget. Bill Aylward, is currently the City's Finance Director. Current and future projects may be budgeted for in the annual Capital Improvement Plan. Please see appendix for current CIP budget. Principal Drivers of Energy Demand The principal drivers of energy demand are air conditioning and lighting. Beaumont is in climate zone 10 which has many hot days and air conditioning load is prevalent. Lighting and refrigeration follow after air conditioning. ENERGY EFFICIENCY PROJECTS Historic Efforts Past energy efficiency activities and achievements include the following: Southern California Edison provided free "Energy Efficiency Seminars" to all Beaumont business owners. The first of three seminars was held on Wednesday, October 15`h and the second on November 12`h 2008. These seminars featured speakers from Edison who provided valuable information to businesses about how to make a business "Green." City facilities have undergone energy audits to determine which facilities need to be retrofitted for more efficient lighting as well as air conditioning. • The City completed a comprehensive LED street - lighting retrofit of all City -owned street lights in 2010. 18 City's Green Team. An interdepartmental group was created to implement various technical and procedural changes necessary to make Beaumont one of the most sustainable cities in the country. Current Efforts Ongoing energy efficiency activities include: • Dark Sky Ordinance. This ordinance was passed to limit light use and cut back on light pollution which conserves energy and lets residents enjoy the night sky. • Website Outreach. The City's website encourages residents to replace incandescent light bulbs with energy efficient compact fluorescent light bulbs, turn water heater temperatures down, run clothes and dishwashers only when full, buy energy star appliances. • Social Media. The City offers weekly "Energy Savings Tips" via the City of Beaumont's Official Facebook and Twitter pages. • Incentives and Rebates. Southern California Gas and Southern California Edison offer incentives and rebates for purchasing energy efficient appliances. • Air Quality Planning. The City of Beaumont will continue to participate in the regional planning efforts being undertaken by the South Coast Air Quality Management District (SCAQMD) and the Southern California Association of Governments ('SCAG) to develop and implement strategies to improve regional air quality. • Water Conservation Ordinance. The City will continue to implement its Water Conservation Ordinance. In addition, the City will review the ordinance to ensure that it promotes the use of xeriscape landscaping, water - conserving materials, and devices that reflect current water- efficient technology. The City shall review, and as appropriate, develop water conservation programs for public facilities (Civic Center, the park, etc.). Water conservation measures and activities will continue. The ordinance can be viewed on the City's website now under "Going Green ". • Energy Conservation. The City continues to enforce energy conservation standards in Title 24 of the CA Administrative Code, the Uniform Building Code, and other state laws on energy conservation design, insulation, and appliances. The City continues to work with SCE and Southern California Gas Company to promote energy conservation practices. • Partnership with the Climate Registry. The Climate Registry will be assisting the City of Beaumont with Green House Gas Emissions reporting and inventory. • Lighting Retrofits. The City of Beaumont is in the process of retrofitting; HVAC, interior lights and installing energy efficient parking lot lights at the new Police Department Campus. 19 Planned Efforts The City also looks at other projects that might be implemented later this year. These include the following: • City Hall HVAC retrofit • Wastewater treatment plant retrofit 0 Retrofits of the Fire Station and New Police Admin. Building and Dispatch Center • Maintenance Yard and City Pool • Waste Water Treatment Plan Upgrades Projects listed are included in the current CIP budget for 201112012. See appendix. A sampling of the potential project list appears below: Facility Name Address Energy Funds Year to be Measures Savings (kWh) Savings (kW) $ [Y N [Year-Qtr#] Mesa Lift N/A SPC 39,092 per $39,117.08 Y 2009 VFD Install Station year City Pool N/A SPC 6,127 per year $857.78 Y 2012 VFD Install Pumps Police Dept. 660 Orange SPC /Express per $18,560.00 Y 2009 Retrofit Efficiency year year Ave. Civic Center 550 E. 6` SPC /Express 30,752 per $27,676.25 Y 2009 Retrofit Street Efficiency year Old Town Various SPC 14,846 per $96,527.00 Y 2009 -10 LED Retrofit Street Lighting year City Park /Street Various SPC per year $990,000.00 Y 2012 Induction Lighting year Retrofit Maintenance 713 W. SPC /Express 2,991 per year $3,000.00 Y 2012 Retrofit Yard 4`h Street Efficiency Transit Yard N/A SPC /Express 2,991 per year $3,000.00 Y 2012 Retrofit 20 Facilities List Efficiency .. Response? Facility Name Address WWTP 714 W. IEEP 1,798,720 per 550 E. 6th Street, Beaumont, CA $650,000.00 Y 2011 -12 Retrofit Police Department 4th Street Y ear 2008 Yes Waste Water to City Hall HVAC 550 E. 6` AC Quality Treatment Plant 715 W. 4th Beaumont, CA Waiting on Y 2011 -12 Retrofit Stewart Park Street 2008 contractor Pool /Pavilion 985 Maple Ave, Beaumont, CA 985 SPC /Express Mesa Lift Station N/A 2008 No City Pool Maple 2,229 per year 2008 $4,400.00 Y 2012 Retrofit Efficiency Station Oak Valley Lift Station Ave. 2008 No Potrero Lift Station N/A Old Chamber 440 E. 4th SPC /Express Maintenance Yard 713 W. 4`h , Beaumont, CA 2008 Yes Building California Ave. 2008 Yes Y 2012 Retrofit Street Efficiency Retrofit Facilities List 21 .. Response? Facility Name Address City Hall 550 E. 6th Street, Beaumont, CA 2008 Yes Police Department 660 Orange Ave. Beaumont, CA 2008 Yes Waste Water to 2008 Treatment Plant 715 W. 4th Beaumont, CA Yes Stewart Park 2008 Pool /Pavilion 985 Maple Ave, Beaumont, CA Yes Mesa Lift Station N/A 2008 No Noble Creek Lift 2008 N/A No Station Oak Valley Lift Station N/A 2008 No Potrero Lift Station N/A 2008 No Maintenance Yard 713 W. 4`h , Beaumont, CA 2008 Yes Transit Yard California Ave. 2008 Yes 21 IMPLEMENTATION PLAN AND ACTIVITIES Overview The City of Beaumont has identified major facilities in need of energy efficiency retrofits. The City currently owns two large operational facilities (City Hall and the Police Department) in addition to several sewer lift stations, a waste water treatment facility, a transit office and bus yard, the City pool, and several large municipal parks. The sites that could qualify for TA &TI have already been identified and preliminarily audited by an SCE contractor. In addition, all City -owned facilities have been audited for energy efficiency retrofits. The City's Energy Champion /SCE Partnership Project Manager will oversee the implementation of these retrofit projects including demand response where applicable. The City Manager, Alan Kapanicas, with the direction of City Council, will determine which projects will move forward first. Any projects totaling over $5,000.00 will need approval from City Council to move forward. In addition, the work done on these retrofits must follow the public bid process if it does not qualify under the maintenance contract that the City currently holds. The City Manager will have the discretion regarding retrofit projects less than $5,000.00 and will have the authority to determine the priority list for those specific projects. Funding for all municipal retrofits will be in -house or through the utilization of grant funding (EECBG). High Potential Energy Efficiency Opportunities As previously stated, the City has already determined a list of eligible retrofit projects for all municipal facilities. All future facilities procured or constructed by the City will follow energy efficiency measures at Title 24 standards or better. Two lighting projects have been identified for immediate implementation. A wastewater treatment plant upgrade project has the highest energy savings potential for the City with 1.8 million kWh savings. City Public Works staff is in the design process for this project and has pledged to involve SCE in the implementation process. Anticipated Challenges Some of the barriers that the City faces are time and technical assistance. Many local government customers do not have the time to methodically evaluate their buildings and identify the most salient energy efficiency projects. Facility personnel may lack time, resources or the technical expertise to evaluate those projects and determine the best energy efficiency improvements. In addition, the State of California has enacted legislation to aggressively improve the energy efficiency of new buildings and reduce greenhouse gas emissions. Strategies to Overcoming Barriers & Hurdles The Partnership will address these concerns by considering the framework and implementation methodology of the existing institutional and local government Partnerships and implementing their inherent strategies. The Partnership team will then tailor its management structure and implementation plans that will best address the needs and uniqueness of the City. 22 This program will draw upon the lessons learned, such as the benefits of retro- com mission ing, effectiveness of energy efficiency, and implementing energy efficiency in new buildings. This will improve the program's design and implementation processes to ensure a sustainable, long -term, comprehensive energy management program for the City. Program Implementation Elements and Targets Critical Milestones Lead Person(s) Targeted Status Comments Date 1- Portfolio Develop list of municipal facilities targeted for energy Kelsey Completed by City Staff efficiency & /or demand DeForge, Complete response Obtain approval to proceed Kelsey 1St List of eligible projects with development of energy DeForge, Alan Quarter Complete complete, administrative /council efficiency portfolio Kapanicas 2009 approved. Conduct preliminary energy Kelsey Completed by City staff and assessment, audit, etc. to DeForge, Complete contractor prioritize potential retrofits Capital Improvement Kelsey De 4 t projects related to energy Prepare capital budget Fore g Quarter Complete efficiency have been estimate for proposed projects approved by Beaumont City Alan Kapanicas 2011 Council with the Office of Sustainability. 1st Adopt Energy Action Plan p gy Kelsey Quarter Complete Reduce energy usage by DeForge 20% by 2012 2010 2 — Financing Develop financing plan Alan nd 2 Complete Kapanicas, Quarter 23 Energy Efficiency Education and Best Practices Development and Training The Partnership will facilitate education and training for facility and maintenance personnel. The education and training element will support the outreach and education initiatives as articulated in the City's Energy and Environmental Policies. By focusing on the establishment of training sessions to benefit the City's personnel, the CLTEESP will be served. There will be a venue for those individuals responsible for managing energy to share information and experiences related to facility operations, to gain knowledge of industry best practices in energy efficiency management, and successfully implement projects, among other issues. The strategy for the education and training element is to leverage the resources of IOU technology centers and develop curriculum that will address the specific needs of the Partner. Lastly, this Partnership will seek opportunities to improve project coordination and communication to strengthen the relationships among the Partners. New Construction and New Construction Design Assistance As with retrofits, the City has a stated desire to implement energy efficiency. In practice, however, budgetary constraints often prevent this. The Partnership's incentives, together with the visibility and upper -level management commitment the Partnership brings, increases the ability of the City's energy manager to see these desires realized. The Partnership will work closely with design teams of future projects, both large and small, to implement energy efficiency, load management, and renewable energy to the maximum extent feasible. Emerging Technologies The Partnership may also pursue opportunities such as server virtualization and PC power networking to facilitate the installation of emerging technologies. The Partnership may assist in these ongoing operations by providing applicable incentives and technical aid for installing emerging technologies to facilitate the technology's adoption in market. Integration with Demand Response and other DSM services The Demand Response Program can include a plan to provide a financial incentive for the energy savings resulting from the purchase and installation of equipment that will successfully shift demand from on -peak hours to non -peak hours. Partnership can utilize Demand Response Program as follows: • The Partnership will seek opportunities to integrate demand response and other DSM services into the program implementation plan. • Resources will be leveraged to improve implementation efficiency and reduce transactional impacts on Partnership staff. IOU energy efficiency and demand response (EE /DR) program staff will collaborate with Beaumont to conduct comprehensive audits and identify energy efficiency measures as well as demand response opportunities. The approach will reduce technical resources by combining EE /DR audits to avoid duplication, collaborate on incentive offerings and will minimize customer interruptions. 25 • The Partnership will endeavor to identify facilities or aggregation of facilities under a service account to establish the opportunities for DR participation that will meet the program eligibility of a 30 kW minimum demand response opportunity per service account. • The Partnership will, when applicable, assist facility management staff that is interested in solar technology and, through energy audits, provide recommendations to improve facilities through use of less costly EE /DR measures before implementing more costly solar technologies. Funding Source The utilities will work with the City's program staff to allocate appropriate Partnership incentives for qualified projects and collaborate with all applicable DSM programs to ensure that agencies can include incentive information in the life cycle cost analysis to support the financing request, where applicable. The Partnership can assist the City with a feasibility study and develop a method for prioritizing projects. The Partnership can also provide On Bill Financing that will offer zero - interest financing to qualified energy efficiency projects. If the City approves adoption of On Bill Financing, the Partnership will use this additional source to fund more projects that will lead to additional energy saving for the City. Coordination with other IOU Programs The Partnership will be used as a "portal" to other IOU energy programs such as the California Solar Initiative, Self- Generation Incentive Program, and Demand Response, as well as related agricultural, water efficiency, green building programs, and others as appropriate. These other IOU departments /programs will actively engage in the process of identifying opportunities and working with the Partnership team to ensure a smooth and integrated process. Policy Assistance: Energy Policy Support the City in drafting a formal Energy Policy /Plan for County facilities. Plan may include adopted procedures for implementation, maintenance, purchasing, Codes & Standards, information about AB811, and AB32 and others. The City has not yet indicated they were moving to formalize this process /plan, however, the Partnership will encourage them to do so and will provide technical and administrative support to build a sound energy plan. Objectives The City of Beaumont has identified major facilities in need of energy efficiency retrofits and completed lighting retrofits of the Beaumont Civic Center and Police Station. In addition, the City installed VFD on one of the City's largest sewer lift stations. Objectives moving forward include a full upgrade of the waste water treatment facility, a lighting retrofit of the transit office and bus yard, the City pool, and several large municipal parks. The sites that could qualify for TA &TI have already been identified and preliminarily audited by an SCE contractor. In addition, all City - owned facilities have been audited for energy efficiency retrofits. The City's Energy Champion /SCE Partnership Project Manager will oversee the 0 STRATEGIC PLAN SUPPORT In October 2007, the California Public Utilities Commission (CPUC) created a framework to make energy efficiency away of life in California by refocusing ratepayer- funded energy efficiency programs on achieving long -term savings through structural changes in the way Californians use energy. The Commission recognized that California's very ambitious energy efficiency and greenhouse gas reduction goals require long -term strategic planning to eliminate persistent market barriers and effect lasting transformation in the market for energy efficiency across the economy. Accordingly, the Commission committed to prepare and adopt a long -term strategic plan for California energy efficiency through 2020 28 and beyond. This Long Term Energy Efficiency Strategic Plan (Plan) was developed through a collaborative process involving the CPUC's regulated utilities — Pacific Gas and Electric Company (PG &E), Southern California Edison Company (SCE), San Diego Gas & Electric Company (SDG &E) and Southern California Gas Company (SoCalGas) (collectively, "IOUs ") — and over 500 individuals and organizations working together over an eleven -month period. This Plan sets forth a roadmap for energy efficiency in California through the year 2020 and beyond. It articulates a long -term vision and goals for each economic sector and identifies specific near -term, mid -term and long -term strategies to assist in achieving those goals. With broad stakeholder input, the CPUC has continually refined the implementation strategies which are at the heart of this Plan. Every participant in this process recognizes the formidable task that lies ahead. Every participant also recognizes, however, that ever increasing energy prices and the urgent threat of climate change require that California set the bar high and move forward quickly and purposefully to realize the full extent of efficiency opportunities statewide and achieve deep reductions in energy demand and usage. Strategic Plan Support Elements California Long Term Energy Efficiency Strategic Plan (CLTEESP) Strategy Strategies to Meet Goals 1 -1: Develop, adopt and implement model building energy codes (and /or other green Partnership will work with the City policy makers to adopt and codes) more stringent than Title 24's requirements, on both a mandatory and voluntary implement building or new construction goals that exceed Title 24 basis; adopt one or two additional tiers of increasing stringency. requirements. 1 -2: Establish expedited permitting and entitlement approval processes, fee structures Not expected to be influenced by Partnership activities; however and other incentives for green buildings and other above -code developments. the Partnership is supportive of the City's role in any permitting or expedited approval policy for green building. 1 -3: Develop, adopt and implement model point -of -sale and other point -of transactions Not expected to be influenced by Partnership activities; however relying on building ratings. the Partnership is supportive of the City's role in any permitting or expedited approval policy for green building. 1 -4: Create assessment districts or other mechanisms so property owners can fund EE Not expected to be influenced by the City/ SCE Partnership. through city bonds and pay off on property taxes; develop other EE financing tools. 1 -5: Develop broad education program and peer -to -peer support to local government's Develop information campaign on mechanics and benefits of to adopt and implement model reach codes model programs targeting local government decision- makers and community leaders and Board of Supervisors. 29 1- 6:Link emission reductions from "reach" codes and programs to ARB's AB 32 program CARB adopts regulation providing local government emission reduction credit for "reach" standards. State Attorney General and Office of Planning & Research provide guidance on using CEQA authority to target energy and GHG savings in LG development authority. 2 -2: Dramatically improve compliance with and enforcement of Title 24 building code, Work with City to develop strategies to promote Title 24 as a and of HVAC permitting and inspection requirements (including focus on peak load standard requirement. reductions in inland areas). 2 -3: Local inspectors and contractors hired by local governments shall meet the Not expected to be influenced by the City/ SCE Partnership.. requirements of the energy component of their professional licensing (as such energy components are adopted). 3 -1: Adopt specific goals for efficiency of local government buildings, including: Implement local policies for LEED new construction and existing buildings. 3 -2: Require commissioning for new buildings, and re- commissioning and retro- Benchmark existing buildings against ratings such as Energy Star commissioning of existing buildings. and its Portfolio Manager. Continue commissioning programs on selected high -use buildings. 3 -4: Explore creation of line item in LG budgets or other options that allow EE cost Work with City to create a method that permits this task. savings to be returned to the department and /or projects that provided the savings to fund additional efficiency. 3 -5: Develop innovation Incubator that competitively selects initiatives for inclusion in Coordinate this approach with Research & Technology Activities. LG pilot projects. 4 -1: LGs commit to clean energy /climate change leadership. Assist initial set of local governments in commitments; develop and communicate appropriate messages. 4 -2: Use local governments' general plan energy and other elements to promote energy Assist City in developing model General Plan. efficiency, sustainability and climate change. 4 -4: Develop local projects that integrate EE /DSM /water /wastewater end use Identify opportunities and challenges for more energy /environmentally integrated development and infrastructure. Develop and implement pilot projects, such as the California Sustainable Communities Initiative. 4 -5: Develop EE- related "carrots" and "sticks" using local zoning and development Not expected to be influenced by the City/ SCE Partnership. authority 30 Objectives The goal is for California's energy to be adequate, affordable, technologically advanced, and environmentally - sound, cost effective energy efficiency is the resource of first choice for meeting California's energy needs. Energy efficiency is the least cost, most reliable, and most environmentally sensitive resource, and minimizes our contribution to climate change. The State's "loading order" — first acknowledged in Energy Action Plan - identifies energy efficiency as California's top priority resource. Under Public Utilities Code Section 454.5(b)(9)(C) utilities are required to first meet their "unmet resource needs through all available energy efficiency and demand reduction resources that are cost effective, reliable, and feasible. The Partnership will accomplish this by implementing elements of the CLEESP. 31 Agenda Item No. J t STAFF REPORT To: Honorable Mayor and Council Members From: Kelsey De Forge, Customer Service Coordinator Date: September 21, 2010 Subject: Approval of the City of Beaumont's "Energy Action Plan" per requirements of the Southern California Edison's "Energy Leaders Partnership" Background and Analysis: In 2008, the Beaumont City Council approved Resolution 2008 -15, supporting an energy efficiency partnership between Southern California Edison, our "hometown electric company" and the City of Beaumont. The goal of the "Energy Leaders Partnership" (ELP) is to assist the City of Beaumont in reducing our municipal energy usage by 20% by the year 2012 as well as to jointly deliver marketing, education, and outreach to the community focusing on energy efficiency and resource conservation. As a vital component of the ELP, the City of Beaumont must submit an "Energy Action Plan" (EAP) outlining the following information: • History of energy planning in the City of Beaumont • Calculation of baseline municipal energy usage • Identification of accounts with the greatest energy usage • Identification of target energy reduction goals • Potential funding sources for energy efficiency projects • Current and future programs /policies relating to energy efficiency and sustainability. The EAP is a living document which may be revised and altered to accommodate additional energy efficiency components and any future needs that the City of Beaumont may encounter. Recommendation: Staff recommends APPROVAL of the proposed Energy Action Plan. Respectfully submitted; CIT OF BEAUMONT � -L 17 Kelsey De Forge, Customer Service Coordinator Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority Beaumont Charitable Foundation Beaumont Conservation Authority 550 E. 6th Street, Beaumont, California Regular Session (6:00 p.m.) Tuesday, September 21, 2010 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E. 6'h Street during normal business hours" REGULAR SESSION Regular Session to began at 6:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor De Forge, Mayor Pro Tem Berg, Council Member Fox, Council Member Gall, Council Member St.Martin were present. Invocation: Ken Spicer — New Creations Church Pledge of Allegiance: Council Member Gall Presentation: James Walrath — Update on Global Young Leaders Conference Mickey Valdivia — Update on Beaumont Cherry Valley Recreation and Parks District Helen Putnam Award - Beaumont Stimulus Program "This program is the first of its kind in the nation —a city stepping up to the plate with its own stimulus package, " then Beaumont Mayor Jeff Fox. Adjustments to Agenda: None ORAL AND WRITTEN COMMUNICATIONS: Anyone wishing to address the City Council on any matter not on the agenda of this meeting may do so now. The oral communications portion of the agenda is to hear public comments. Anyone wishing to speak on an item on the agenda may do so at the time the Council considers that item. All person(s) wishing to speak must fill out a "Request to Speak Form" and give it to the City Clerk at the beginning of the meeting. The forms are available on the table at the back of the room. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. • Victor Dominguez - Campaigning issues • Judy Bingham - Contracts for Mr. Kapanicas and Mr. Aklufi • Chad Scott - Fairway Canyon Improvements • Adam Wagner- Fairway Canyon Maintenance • Brian Levensen - Palmer Park Improvements • Mary Daniel - Stimulus Plan • Victor Young – On street parking at Vella and 4th Street • Sara Lockhart - Thank Beaumont – great community • Jim Stewart - Beaumont should be proud for the retail strength ranking in California • Alan Gooch - Beaumont is a great community to live in 1. COUNCIL REPORTS (This is the portion of the agenda where the city council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor De Forge - Fairway Canyon Meeting, Fairway Canyon HOA Meeting, Senator Emerson office here at the Civic Center, Spirit Run, United Way Day of Caring, AYSO opening day Ceremony, Oktoberfest, Relay for Life Car Show, Evening with Mark Twain at the Women's Club, b) Mayor Pro Tern Berg - League of California Cities Conference C) Council Member FOX - Thank Council Member Gall and St.Martin for being the voting delegates, Helen Putnam Award, Thank staff d) Council Member Gall - League of California Cities e) Council Member St.Martin - League of California Cities Conference 2. CITY MANAGER REPORTS (City of Beaumont Core Values: Treat everyone right; Keep a customer service focus; Effective communication; Present opportunity, Operate like a great business; Eliminate bureaucratic solutions; Embrace positive change) a. Community Information and Local Project Update 1) Sustainability Update a) Kari Mendoza completion of Command College b) Ice Cream Social C) BYAL (Beaumont Youth Activities League) - Cpl. John Combado d) Lt. Acosta Annual Golf Tournament Update - Cpl. Ron Morning e) COP on Top - Liam Doyle f) Thank you from Beaumont Unified School District 2) Project Update a) Beaumont Cares 1) Animal Care Update 2) Veteran's Update 3) Update on Interchange on State Route 60 & Potrero Blvd. b) Signs 1) Caltrans expected to do study of 1 -10 Routes, Ramps and Stop Signs 2) Election Signs - September 17, 2010 through November 12, 2010 C) Civic Center Campus Update 3) Financial Update a) August Financial Update b) Retail Commercial Relative Strength Rankings in California b. Calendar of Events 1) September 24, 2010 - Ice Cream Social 5:30 p.m. Beaumont Civic Center 2) October 1, 2010 - Candidates Forum hosted by Chamber of Commerce 6 -8 pm Civic Center 3) October 6, 2010 - Community Awareness Team - Civic Center Room 5 6:00 p.m. 4) October 9, 2010 - Chamber of Commerce - 4`" - Annual Pass Area Business Expo 5) October 9, 2010 - Home Depot Safety Fair 6) October 11, 2010 - Columbus Day - Civic Center Offices Closed 7) October 16, 2010 - Community Recycling Event Stewart Park - 8 am -1 pm 8) October 27 - 30, 2010 - Haunted Halloween Maze Civic Center 6pm 9) October 31, 2010 - Trunk or Treat & Zombie Walk - Sports Park 10) Second and Third Wednesday of Each Month - Story Time Cafi§ C. Rumor Control, and Report on Oral and Written Communications 1) Update on Oral & Written Communications from George and Ann Connors 3. CONSENT CALENDAR (This portion of the Agenda is for items that do not require a public hearing or discussion.) a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary b. Approval of the Minutes of the City Council Meeting August 17, 2010 C. Approval of the Warrant List for September 21, 2010 d. Denial of Claim — Larry Malone e. Approval of Supplemental Agreement for CDGB 2010 -2011. f. Adoption of Resolution No. 2010 -23 — Resolution Support Measure U to Bring Jobs and Educational Opportunities to the Pass Area. g. Approval of Fund Raising Activities — City Cook Book, Fire Department Open House /Spaghetti Dinner and Beaumont Youth Activities League, Ironman Triathlon Sponsorship of Officer Devlin, and BCVRPD Winterfest/Pumpkin Carving Event. h. Authorization to Accept an Offer of Dedication — 10 -D -01, 10 -D -02, and 10 -D -03 for Brookside Avenue Landscaping within Oak Valley Greens. i. Approval of the City of Beaumont's Energy Action Plan per requirements of the Southern California Edison's Energy Leaders Partnership. j. Approval of Temporary Bike Lane Modifications on Sixth Street. k. Authorization for Funds for Weed Abatement for property located in the 1100 block of Pennsylvania and Michigan with all costs to be applied to the Annual Property Tax Bill. I. Ratification of the Mayor's Signature on Resolution No. 2010 -24 for 2009/10 Prop 1B California Transit Security Grant Program, California Transit Assistance Fund. m. Approval of Task Order for Anti - degradation Analysis for the Beaumont Management Zone. n. Authorize the City Manager to assist with the Safety Fair within authorized spending limits. Recommendation: Approval of the Consent Calendar as presented. Council Member Berg and Council Member Gall both requested item 3.f be pulled for discussion. Motion by Council Member StMartin, Seconded by Council Member Berg to approve the Consent Calendar with the exception of Item 31. Vote: 5/0 San Jacinto Representatives on Measure U. Adam Wagner - Opposed Victor Dominguez - Opposed Motion by Council Member Berg, Seconded by Council Member Fox to deny Resolution No. 2010 -23 as presented. 5/0 4. ACTION ITEMS /PUBLIC HEARING /REQUESTS (This portion of the Agenda is for items that require a public hearing, discussion, and /or Council direction.) a. Ordinance No. 972— An Ordinance of the City Council of the City of Beaumont, California Requiring Payment of Development Impact Fees for Recycled Water Facilities, Appointing Time and Place of a Public Hearing and Directing Notice Thereof, Describing Proposed Boundaries of Benefit Area. (Continued from August 17, 2010) Recommendation: Continue the Open Public Hearing to the Regular City Council Meeting of December 7, 2010. Staff report was given by Kyle Warsinski, Staff Planner Motion by Council Member Fox, Seconded by Council Member St.Martin to continue to the regular City Council meeting of December 7, 2010. Vote: 510 b. Cooperative Memorandum with Morongo Band of Mission Indians Recommendation: Approval of the Project Progress Report and Cooperative Memorandum and Authorization of the Mayor to execute the Project Progress Report and Cooperative Memorandum subject to the authority of the City Attorney to make non - substantive changes. Staff report was given by Alan Kapanicas, City Manager Speakers: John Ohanian - In Favor Motion by Council Member Berg, Seconded by Council Member St. Martin to approve the Cooperative Memorandum with Morongo Band of Mission Indians. Vote: 411 (Council Member Gall voted no) C. Ordinance No. 971 — An Ordinance of the City Council of the City of Beaumont, California Amending Section 17.04.080 of the Beaumont Municipal Code Entitled "Regulating Enclosures for Solid Waste and Recycling Materials" Ordinance No. 974 — An Ordinance of the City Council of the City of Beaumont, California adding Section 9.03.155 to the Beaumont Municipal Code Entitled "Special Events Recycling" Ordinance No. 975 — An Ordinance of the City Council of the City of Beaumont, California Adding Chapter 8.13 to the Beaumont Municipal Code Entitled "Mandatory Recycling of Construction and Demolition Waste" Ordinance No. 976 — An Ordinance of the City Council of the City of Beaumont, California Adding Chapter 8.14 to the Beaumont Municipal Code Entitled "Mandatory Recycling Requirements for Commercial Facilities" Recommendation: Hold a Public Hearing and Approve the first reading of Ordinance No. 971, 974, 975, and 976 as presented. Staff Report was given by Rebecca Deming, Asst. Director of Planning Open Public Hearing 9:03 p.m. No Speakers Closed Public Hearing 9:04 p.m. Motion by Council Member Fox, Seconded by Council Member Berg to approve the 1st reading on Ordinance No. 971, 974, 975, and 976 as presented. Vote: 5/0 d. Transit Fare Structure Review Recommendation: Open Public Hearing, Take Testimony, and Approve the fare structure as presented. Staff report was given by Elizabeth Gibbs - Urtiaga, Resources Director Open Public Hearing 9:10 p.m. No Speakers Closed Public 9:11 p.m. Motion by Council Member Fox, Seconded by Council Member Gall to approve as presented. Vote: 510 e. "Shop the Pass" Buy Local Program Recommendation: Review and Approve the Pass EDA "Shop the Pass" and approve funding in the amount of $4,577.08 from the General Fund. Staff report was given by Kyle Warsinski, Staff Planner Speakers: Brian Contreres — Pass EDA Motion by Council Member Berg, Seconded by Council Member Gall to approve and authorize the City Manager to adjust the rate on a per capita if necessary. Vote: 5/0 Adjournment of the City Council Meeting at 9:20 p.m. Ily nagier k -- °+ilia areas`+ City of Beaumont Energy Action Plan Prepared by the Beaumont Energy Commission Kelsey DeForge, Customer Service Coordinator Rebecca Deming, Assistant Director of Planning Beaumont City Council 2010 -2012 City of Beaumont 1 Energy Action Plan July 2010, 71612011 z TABLE OF CONTENTS 1. EXECUTIVE SUMMARY ................................................................................................ ..............................3 CALIFORNIALEGISLATION ................................................................................................. ............................... 3, IMPACTS OF DIFFERENT LEVELS OF ACTIONS ................................................................ ............................... 4 2. BEAUMONT ENERGY ACTION PLAN OVERVIEW ........................................... ..............................4 QUANTIFIABLE RESULTS TO DATE AND FUTURE GOALS .............................................. ............................... 6 CityBuil dings ............................................................................................................... ............................... 6 3. MOVING FORWARD: ACHIEVING FUTURE GOALS ...................................... ..............................8 CITY BUILDINGS SITE INFORMATION .......... ............................... CITY BUILDINGS RECOMMENDATIONS ......... ............................... 2.2.1. Conservation .................................. ............................... 2.2.2. Saving Calculation Process ....... ............................... 2.2.3. Current Efficient Technologies . ............................... ADDITIONAL SAVINGS OPPORTUNITIES ...... ............................... City -Owned Street Lights And Traffic Signals ...... NewConstruction ................................... ............................... BEAUMONT CITY FACILITIES STATUS UPDATE .......................... WATER PUMPING SITE INFORMATION ......... ............................... WATER PUMPING SITE RECOMMENDATIONS ............................. 2.2.4. No -Cost Measures ........................ ............................... DemandResponse ................................. ............................... 2.2.5. Low -Cost Measures ...................... ............................... 2.2.6. Higher -Cost Measures ................ ............................... Suggestions for Further Study ....... ............................... RENEWABLEENERGY ........................................ ............................... TRANSPORTATION INFORMATION ................. ............................... TRANSPORTATION CITY GOALS ..................... ............................... TRANSPORTATION RECOMMENDATIONS ...... ............................... ................................... ............................... 8 ................................... ............................... 9 ................................... ............................... 9 ................................. ............................... 10 ................................. ............................... 10 .................................. ............................... 1 I ................................. ............................... I1 .................................. ............................... 12 .................................. ............................... 12 .................................. ............................... 12 .................................. ............................... 14 ............................... ............................... 14 .................................. ............................... 14 .................................. ............................... 14 .................................. ............................... 14 .................................. ............................... 15 .................................. ............................... 15 .................................. ............................... 18 .................................. ............................... 18 .................................. ............................... 19 DECREASED ENERGY DEPENDENCE ......................................... ............................... 20 5. CONCLUSION AND RECOMMENDATION .......................................................... .............................25 Appendices: Appendix A — Monrovia City Environmental Accords Appendix B — Monrovia City Electrical Historic, Baseline and Goals Detail Appendix C — Monrovia City Natural Gas Historic, Baseline and Goals Detail Appendix D — Energy Efficiency Measure Recommendation Summary Appendix E — Energy Efficiency Measure Details Appendix F — Monrovia 2006 Pumping Plant Report Appendix G — Monrovia Renewable Fuels Appendix H — Monrovia City Fleet Baseline and Goals Detail City of Beaumont 2 Energy Action Plan July 2010, 71612011 1. Executive Summary With the unprecedented energy challenges resulting from increased import dependency, concerns on supply of fossil fuels worldwide, and an undoubtedly discernable climate change, it is clear that action needs to be taken. In order to combat these problems, a relationship has been formed between Southern California Edison and the City of Beaumont to create and implement an Energy Action Plan. This EAP lists goals for the city's future and sets forth commitments to achieve these goals through specific actions. These actions will ensure that sufficient, dependable, and reasonably - priced electrical power and energy supplies are achieved and provided through policies, strategies, and actions that are cost - effective and environmentally sound for the city's consumers and taxpayers. This plan looks at retrofitting municipal facilities to provide greater energy efficiency, various methods for reducing the overall carbon footprint of the City of Beaumont and its community of energy users, and demand reduction strategies that can further offset the energy needs for the City of Beaumont, including the use of renewable energy sources. This EAP is a living document meant to change with time, experience, introduction of new technologies and needs as the city progresses toward a sustainable future. The City of Beaumont is committed to address these challenges and take environmental leadership in producing a sustainable future. In light of this commitment, the Beaumont City Council approved Resolution 2008 -11, in which the City officially recognized the need for energy conservation and resource sustainability. The City of Beaumont has partnered with their "hometown utility," Southern California Edison (herein referred to as The Partnership) to provide the community of Beaumont with vital energy efficiency information, training, and materials. The program is community -based and helps public agencies, businesses, and residents reduce energy use and expenses. The Partnership provides project identification analysis for city facilities, Energy Action Plans (EAP's) and implementation of the recommended energy efficiency projects in the city facilities. California Legislation California passed legislation, AB32 which provides goals that the state will reduce greenhouse gas emissions to 1990 levels by the year 2020. This is especially significant for California since the state has been identified as being the 12`h most significant emitter of greenhouse gases in the world. It is essential that California take the leadership and put an aggressive program in place for mitigating GHG emission. The greenhouse gases targeted by this legislation are those contributed by human activity such as water vapor, carbon dioxide, methane, nitrous oxide, and ozone. Natural greenhouse gases are beneficial for warming the earth to a certain temperature, but those additional gases produced by humans trap in infrared rays causing the earth's atmosphere to overheat. Carbon dioxide is the most common greenhouse gas focused on by scientists and the general public and will be the target of reduction in this Energy Action Plan. In order to accomplish this goal the state needs to partner with cities and counties so that they can drive this effort on the local level. City of Beaumont 3 Energy Action Plan July 2010, 71612011 With imperative energy efficiency on the rise and the strong support and incentives that local utilities provide its customers, it is more feasible for cities to take actions that make meaningful changes. Cities can receive incentives to have audits conducted where energy conservation HVAC and lighting consultants determine energy efficiency opportunities at city facilities along with incentives to implement suggested actions. These audits fuel awareness in city management structures and governments. The bottom line is that energy efficiency projects are easier to do now more than ever as funding is provided for. both the means and the ends. The Partnership supports the City of Beaumont in being a leading partner in meeting California's goal of carbon emission reduction as well as on establishing a policy on carbon emissions reduction. The City of Beaumont has already made significant inroads of carbon emissions reduction on a local level with the numerous energy efficiency projects completed. Details of these efforts, along with their environmental impact, are outlined throughout this document. Other cities throughout the San Gorgonio Pass Area can benefit from the structure and commitment Beaumont has already exemplified and the ground they've covered in its efforts to reduce their carbon emissions. Impacts of Different Levels of Actions An Energy Action Plan entails considerable effort and expense. Reduction of carbon emissions involves the implementation of energy - efficiency retrofit projects in buildings, replacement of fleet vehicles, and a more disciplined attitude towards resource conservation. Realizing an effective Energy Action Plan requires more than just consent from elected officials and municipal staff. It requires a very active role that involves all policy- makers and implementation staff at all levels. Funding for these projects must be made available either through budgeted items and the appropriate leveraging of existing rebates and incentives. All efforts to reduce carbon emissions have to be funded to a certain extent. In a world of limited resources, priorities must be established and acted upon. This is true whether the carbon emission reduction effort involves hardware installation (more efficient lighting, HVAC, Photovoltaic's, etc) or an education campaign urging city staff to be more energy conscious. Priorities should be established on what measures provide the largest reduction per dollar. To this end our EAP evaluates all options based on cost, energy savings, carbon emission reduction, and payback considerations. 2. Beaumont Energy Action Plan Overview The Partnership recognizes Beaumont as a forerunner in taking action to be as energy efficient as possible, given the various constraints attached to operating a public agency. To assure success in their commitment, Beaumont city staff has consistently met with representatives from Southern California Edison on a monthly basis to determine future energy efficiency projects as well as tracking and monitoring ongoing projects. Projects include municipal retrofits as well as marketing, education, and outreach campaigns. The Partnership City of Beaumont 4 Energy Action Plan July 2010, 71612011 Team has submitted special projects to coincide with the City's annual fiscal budget. In June of this year, the City Council adopted their annual budget to include funding for several energy efficiency projects to be completed within the next three years. At each City Council meeting, the City Manager provides a " Sustainability Update" detailing the progress that has been made in the City's efforts toward promoting a "green" and sustainable community. Although the City of Beaumont is involved in numerous projects related to the goal of sustainability, the focus of this report will be on energy efficiency and conservation of natural resources. Beaumont capitalized on incentive opportunities to obtain a free assessment through the Partnership whereby a team of energy professionals visited the city's facilities and provided detailed recommendations on ways to increase energy efficiencies and obtain their goals. The assessment acts as a guide for Beaumont to make informed energy upgrade decisions. City of Beaumont 5 Energy Action Plan July 2010, 71612011 OA Quantifiable Results to Date and Future Goals Historical data illustrates the emissions that can be attributed to Beaumont's past energy usage during the last 5 years dating back to Fiscal year 2003/2004 (herein referred to as Fiscal year 2004). Fiscal Year 2003/2004 data was chosen to represent the costs, energy, gas, and carbon emission changes already taking place from the energy - efficiency installations performed by the City of Beaumont. Comparable data from Fiscal year 2008/2009 (herein referred to as Fiscal year 2007) forms the current baseline measurement that The Partnerships' Reduction Proposal uses as a starting point. It is important to note, however, that the City of Beaumont has experienced significant growth in the last ten years; therefore, the comparison of baseline data from 2003/2004 may not necessarily illustrate a dramatic reduction in energy usage when compared to the most current data available. Moving forward, Beaumont has identified future goals to reduce the city's peak electric load by 0 percent within two years (by Fiscal year 2011/2012 (herein referred to as Fiscal year 2012)) through energy efficiency, shifting the timing of energy demands, and other conservation measures. City Buildings Comparison of Electrical and Natural Gas Usage, Cost, and Carbon Emissions in Fiscal Year 2004, 2007, and Anticipated 2015 Goals c M O 18000 16000 14000 12000 10000 8000 6000 4000 2000 X 2004 2007 2015 See Appendix B for electrical back up details. 30 y c �a 25 0 20 15 10 5 0 —�►— kWh Usage Dollar Cost Carbon Emissions Therms City of Beaumont 6 Energy Action Plan July 2010, 71612011 M i3t See Appendix C for natural gas back up details. City of Beaumont l Energy Action Plan July 2010, 71612011 �crwoetu�Ra� 3. Moving Forward: Achieving Future Goals City Buildings Site Information City staff, in conjunction with SCE, conducted an Energy Efficiency Assessment of the Beaumont City Buildings in order to explore opportunities for reducing energy demand and utility costs; several areas of improvement have been identified and provided to city staff for consideration. SCE continues to support the city in its quest to be more energy efficient by way of access to technical resources, guidance throughout the rebate /incentive process, funding for marketing, education and outreach programs for the community and assistance in identifying potential energy efficiency projects. All of these improvements form the basis for the projected emissions into the future. The difference between projected and base line emissions constitute the GHG reductions that Beaumont is projected to realize. The analysis for future trends for energy - efficiency is based on projects currently in the works and those scheduled. The current GHG emission inventory is attributable to the everyday operation of the City of Beaumont. The buildings surveyed include: City Hall, Police Department (old), Police Administration Building Complex (includes an OES training center, future IT facility, and additional office space for future expansion), Fire Station #66 and #22, Albert A. Chatigny, Sr. Community Recreation Center, Maintenance Yard, Transit Yard/Garage, old Beaumont Unified School District offices, and the Waste Water Treatment facility. A comprehensive list of Energy Efficiency Measures were identified and evaluated including the lighting fixtures of the buildings, and the possibility of additional energy efficiency measures for the pumps at the Waste Water Treatment facility. All city buildings have some office, storage, or classroom space. Plug load equipment is primarily comprised of computers, printers, and copiers. There is also a substantial load providing interior lighting to all of the structures. The occupancy hours of every building varies and were taken into consideration in the analysis. During the survey, numerous opportunities for energy efficiency improvements were identified and categorized by equipment type. Installation costs are based on discussions with lighting and HVAC professionals, and cost data from SCE. Appendix D summarizes the energy efficiency measure recommendations and energy and cost savings, grouped by HVAC and lighting measures. Appendix E provides Energy Efficiency Measure and Site Location details for a full understanding of the suggested options. Potential Savings: City of Beaumont 8 Energy Action Plan July 2010, 71612011 � r sa-4 Overall, the identified potential energy costs savings are $19,348 per year (minimum rate using charge of $0.149 per kWh). Attaining these energy costs will provide a rebate to the City of $19,613, which equals a combined investment of $38,961. Acmevea �a The City of Monrovia has already achieved a cost savings of $36,082 (also using the minimum savings rate) this year in their projects completed (FY 2007 - 2008). This has returned a rebate of $25,167 back to the City, which has brought a total savings of $61,249. All calculations were based upon an electricity rate of $0.12 /kWh, and rebate levels of $0.10 /kWh saved for lighting and $0.14 /kWh saved for HVAC (Applies to 2007 ONLY and future rates are uncertain). City Buildings Recommendations 2.2.1. Conservation The most obvious and sensible way for the City of Monrovia to reduce CO2 emissions and become more energy efficient is to conserve and decrease their use of energy. Programs such as "Flex Your Power" or "Energy Star" allow for simple, effective ways to accomplish this. Educating employees, citizens, and local businesses on small changes they can make throughout the day in order to conserve energy can make a dramatic difference in the amount of energy saved. Finding ways to promote public awareness and purchase products that reduce energy use will be vital for the City of Monrovia to incorporate in their budgets and events in order to meet their goals. Demand Response Demand Response is a growing area of programs by SCE. Generally, this requires cities to be willing to reduce electrical usage particularly peak demand at the request of the utility. They are generally given 1 hours notice to reduce down to a level arranged in advance by contract with the utility. We believe a study should be initiated to determine the extent Demand Response can be contracted for at larger City locations such as City Hall and the Corporate Yard. Incentives are currently available up to $250 /kW for engineering and installation of the systems which are needed to be able to deliver these reductions at the request of SCE. These systems generally work with lowering lighting levels and reducing HVAC per a planned sequence City of Beaumont 9 Energy Action Plan July 2010, 71612011 t� MZ "�trrraasu��2 2.2.2. Saving Calculation Process The energy and cost saving calculations for the measures specifically identified at the sites are based on standard DEER demand reduction (wattage) values multiplied by the annual hours of operation. The measures are grouped according to no -cost, low -cost, and investment categories based on project costs. The no -cost category also includes measures for which the San Gabriel Valley Energy Wise Partnership can provide incentives to cover all installation costs. 2.2.3. Current Efficient Technologies A number of energy -using technologies were found inside and outside of the city's buildings that were of a high enough efficiency, or low enough usage, as to not warrant any changes. These included CFL's, T8 fixtures, and low pressure sodium lights. No -Cost Measures Office Equipment • Turn on the energy saving features for all computers. These can turn off monitors and turn the computers to standby mode when they are not being used, providing an easy way to save electricity. Most screen savers do not save electricity. • Turn off computers, printers and copiers when you leave the building. Even in standby mode these systems will use a small amount of electricity. Lighting Since lighting consumes a great amount of energy we cannot overlook the no -cost saving opportunities such as: • Turn off lighting in unoccupied areas. • Turn off lighting when the building is vacant. • Encourage occupants to turn their lights off when they will be out of the office for more than 15 minutes. • If dimmers are installed, the lighting levels can usually be reduced without affecting occupant comfort. Essentially, reducing the light level by 10% can save almost 10% of the energy consumption, and the 10% lighting reduction is difficult to detect by the human eye. It pays to use the dimmers you have installed. HVAC • Clean coils, repair leaking ductwork. • Check economizer operation. • For cooling, set the thermostat to 78° F during the workday and to 85° F or off when your facility is vacant. For heating, set to 68° F during the workday and to 63° F after hours. A study was performed on the difference between setting the thermostat in the Youth Center (Temporary library) at 73° F and 78° F. Calculations demonstrate a savings of 3.44 kW and 8,300 kWh, which means a City of Beaumont 10 Energy Action Plan July 2010, 71612011 _Z1 ,.:. '�atK63btNw" New Construction Title 24, the energy efficiency standards for residential and non residential buildings, was established in order to reduce energy consumption throughout California. One of the most significant ways to conserve energy is through utilizing the current, efficient technology and methods available in the market, which are mandated by Title 24. In order to maximize the energy efficient standards on a building most architects/builders will follow LEED qualifications. Leadership in Energy and Environmental Design (LEED) is the next step above Title 24 and is based around a rating system stating the performance level of the green building. There are numerous categories and measurements within the rating scale that need to be met in order for the building to be authorized as a sustainable green building. The Partnership would like to encourage the City of Monrovia to take the initiative and receive LEED certification on all new construction. This will provide Monrovia with energy and cost savings in both the long - run and short-run. Instead of having to perform costly retrofits in the future by replacing older non - efficient equipment, city buildings will already be a step ahead and have the necessary energy efficient technology. Monrovia City Buildings Status Update The City of Monrovia worked fervently in Fiscal Year 2007 -2008 to renovate and upgrade city facilities in order to conserve energy and decrease carbon emission. There are various projects the City is pursuing throughout all of their facilities and this section only includes those completed by May 2008. The City has accomplished the following measures: • Placed 22 water free urinals throughout facilities in order to conserve water and improve sanitation. • Common T -12 lighting has been switched out with either T -8 or T -5 lighting fixtures along with electronic ballasts in order to reduce wattage and increase visibility in multiple locations. • Incandescent light bulbs have been replaced with CFL's (Compact Fluorescent Lamps) to also decrease wattage loads. • Occupancy sensors have been installed to decrease lighting usage during unoccupied times. • Cool roofs have been applied and are continually being considered for other locations with the purpose of preventing heat transmission into facilities. Water Pumping Site Information City of Beaumont 12 Energy Action Plan July 2010, 71612011 The water pumping and treatment is performed at six (6) facilities. Many of the processes are performed outside. There is limited building and coverings for equipment. Providing water to businesses and residents of Monrovia is a service provided by the City. The water is generally pumped out of the ground with well pumps (50 -300 HP) and booster pumps to holding tanks /reservoirs. As the city is located in the foothills of the San Gabriel Mountains a significant amount of pumping is required. The traditional process has been to first treat the water after pumped out of the ground to then be sent up to the reservoirs in the mountains. The water is then distributed from the reservoirs by gravity to the customers in the City. This process uses a large amount of pumping power since the water needs to be pumped from up to 450 feet below ground. All pumps are driven by electric motors and the natural gas driven pumps have been abandoned. Replacing water pump motors with newer energy - efficient models will not only save energy but will also contribute to the efficiency of the water pumping system. The water pumping facilities are generally not staffed. City staff visits the sites periodically. Pump testing is periodically provided by SCE's pump testing group. The annual electrical usage for water pumping based on 5/11/06 report from SCE was 8,266,860 kWh. Appendix E provides Energy Efficiency Measure and Site Location details for a full understanding of the suggested options. Appendix F presents a pumping plant report that was completed by SCE in 2006 in order to display a cost analysis summary on the current water pumping system. Water free urinals reduce water and sewer costs, maintenance and repair bills, and create more hygienic, odor - free restrooms. A patented, sealed cartridge eliminates the need for water, conserving an average of 40,000 gallons per unit each year. The purchase and installation of water -free urinals is less expensive than manual and automatic flush units because flush valves and associated piping are not required. Maintenance costs and vandalism problems associated with flush valves are also eliminated. The City of Monrovia has installed 22 water free urinals up to date, which provide significant savings in electricity, natural gas, and carbon emissions as demonstrated in the table below. Annual Savings: Water: Electrical Natural Gas: Carbon Emissions: 880,000 gallons 3,171.96 kWh 108.25 therms 3,806.4 lbs. of CO2 City of Beaumont 13 Energy Action Plan July 2010, 71612011 o� 8I Water Pumping Site Recommendations 2.2.4. No -Cost Measures The city currently uses their SCADA system to not pump during the hours of 11:30 AM to 6:OOPM during the summer months to assist the utility in controlling peak demands. The city also minimizes pumping based on the use of level measurements in their tanks and reservoirs. The water usage of the customers can be matched closely to the water removed from the wells. Demand Response Monrovia has six water pumping locations. The pumps are controlled by a central SCADA system. The city is currently not operating pumps where possible during the noon to 6:00 PM period during the summer months as designated by SCE. We believe a study should be initiated to determine the extent the system at all locations can participate in an SCE demand response program. Incentives are currently up to $250 /kW for engineering /installation of the systems to be able to deliver these reductions at the request of SCE. 2.2.5. Low -Cost Measures Customer Usage Reduction • Establish a homeowner /business toilet exchange program • Provide other water saving devices to homeowners /businesses • Resident education 2.2.6. Higher -Cost Measures Pump /Motor Upgrades Water pump testing is provided periodically by SCE's pump testing group. They make recommendations on applicable pumps and this is attached in Appendix F. This shows annual energy usage per motor /pump and potential for annual energy savings. The details for the cost savings will need to be obtained from the SCE pump department. The total savings shown are $64,017. Based on $.12 /kWh the annual usage reduction is 533,475 kWh. This represents a 6.5% savings. The cost to implement was not provided by SCE pump testing. A similar program was implemented in South Pasadena and their payback was .9 years to 10 years. Power Factor Correction City of Beaumont 14 Energy Action Plan July 2010, 71612011 t3 � iY We investigated briefly Power Factor correction. Due to the fact the well pumps run generally at constant volumes except when the water table changes due to rainfall power factor was not taken any further during this audit. We looked at three pump reports with the following loading: Pump /Motor Sta #1 Bst #4 300HP Booster #3 250HP Well #4 200HP Motor Load ( %) 91% 117.1% 92.9% Just for clarification a 200HP has the following power factors: The impact of loading on power factor is as shown below: Loading Power Factor One half .85 Three- fourths .89 Full .90 120% .86 The booster pumps do vary in volume in many cases and some have variable frequency drives. Generally the power factor is held over 90% with variable speed controllers. We suggest that as the motors /pumps are tested the motor load % be reviewed for a one week period. If the loads go under three- fourths then a power factor study should be initiated. Also if overload conditions are near 120% then a study to evaluate the cost /benefits of correcting power factor. Suggestions for Further Study A considerable amount of water is consumed by landscaping throughout the city. In order to conserve water and decrease the amount of pumping power placed on pumps, recycled water could be allotted to landscaping and other areas that may be able to use it. The City of Monrovia does not currently provide recycled water to customers as it is not yet available through distribution channels. There have been discussions with Upper San Gabriel Valley Municipal Water District in the past, but the decision to bring recycled water to Monrovia was not approved. The Partnership recommends that the City of Monrovia readdress this topic with Upper San Gabriel Valley to examine their ability to transport recycled water into the City of Monrovia. Before deciding on this as an option, the City of Monrovia should perform a study on the comparisons of efficiency between trucking in water versus hosting an on -site reservoir. Renewable Energy City of'Beaumont 15 Energy Action Plan July 2010, 71612011 r, Intergy has worked with Southern California Edison to identify what percentage of their peak electric load comes from renewable energy. SCE then provided a statement indicating that preliminary data shows in 2006 they delivered about 13 billion kilowatt -hours of renewable energy, 17 percent of its total power deliveries. Furthermore SCE is targeting to have renewable energy contracts that, when fully operational, will represent 3 percent more of its customers' energy needs by 2010 to hit 20 percent total. SCE's additional 3 percent reduction by 2010 contributes to Monrovia's 2015 goal; leaving an additional 7 percent for Monrovia to reduce to meet its goal. In order to achieve this goal of an additional 7 percent with minimal cost and quick payback periods for the City of Monrovia, it is important that they choose projects sensibly. There will only be particular projects that will suit Monrovia's needs in a particular timeframe. In order to ensure that this takes place, the City should engage in a cost benefit analysis or a lifecycle analysis for any renewable energy projects they would like to pursue. Provided below is a table listing the certain elements a project should entail before the City of Monrovia moves forward with it. To is -L Question to Ask Rating Points* Does this project relate /help achieve with the City's 3 Mission/Vision Tans or goals? Land Area Available Is there land/space available for this project? 3 Are there any loans or financial assistance available 3 for project? Are there any other pressing projects the budget 3 Financial Capability should focus on besides this one? Is the payback period practical for the project or will more efficient technology be available by the time 3 the project is paid off? Are there any legal issues conflicting with this 4 Legal ro'ect. Will the weather permit for this project to be 2 Timing completed in a timely manner? Will the community and other members of the city 3 agree with this project taking lace? If they are not in agreement at this time, how much Perception time /effort will it take to educate them on the 2 importance of this project9 Has any other City done this before and did they 3 Resources benefit from it? What could be the outcome if this project is not 4 Risk completed successfully? *33 points possible from rating scale City of Beaumont 16 Energy Action Plan July 2010, 71612011 z V✓7yr.9S4.� If Project receives a total of 27 points or above: Move forward with project between 20 and 26 points: Correct some issues before progressing below 19 points: Progression is not recommended City of Beaumont 17 Energy Action Plan JuIv 2010, 71612011 photovoltaic resource of electricity, a great produce leading to a known for This project into the City has Partnership �i. F ��trFftss:"� 1 Transportation Information Given that 43 percent of greenhouse gases derive from transportation, a major portion of California legislation related to the environment and carbon emission focus on this sector. The only way to essentially reach goals established by AB32 or other types of bills is by finding transportation solutions. Not only are harmful emissions mounting, but also gasoline prices are soaring causing an increased demand on a renewable fuel source. It is important for the City of Monrovia to acquire fleet vehicles as well as motivate their residents to utilize zero or low emission vehicles that will be able to suit their needs. There are a number of options available in the marketplace today, but there are advantages and disadvantages to each one. Appendix G will provide detailed information regarding each of the options along with their pros and cons. Transportation City Goals The City of Monrovia's fleet information was gathered in order to conduct an audit on the carbon emissions and provide recommendations on decreasing this number. The calculated number of vehicles included in this fleet audit was one hundred (100) passenger cars, fourteen (14) trucks, and two (2) hybrid trolleys. These vehicles are used by the police, water, public transit, and fire departments. The estimated annual mileage is based on FY 2006 -2007, the chosen baseline year, with additional information on of the fleets included in Appendix H. City Accord Action 14: Implement programs that phase down sulfur emission in diesel and gasoline fuels by 50 percent concurrent with using advanced emission controls on all buses, taxis, and public fleets to reduce particulate matter and smog- forming emissions from those fleets by 50 percent by 2015. Particulate matter and smog - forming emissions are important to define in order to understand what the City Accord Action is aimed at accomplishing. Particulate matter, also known as PM, is liquid droplets of acids, untreated chemicals, metals, and soil or dust elements. These particles can lead to health problems when consumed by the general public through the throat and nose into the lungs to then damage the heart or cause lung cancer. Automobile gas emissions in the air are one of the major ways particulate matter is caused. By decreasing the amount of particulate matter, the City is creating a healthier environment for their citizens. Smog - forming emissions are those contributing to air pollution by combining a combustion product and gaseous emission. Nitrogen oxides and various hydrocarbons experiencing photochemical reactions are an example of a smog - forming emission. Particles such as soil, dust, and various exhaust particles may mix with the ozone and create a brownish, thick haze. Smog also poses health risks as particulate matter does, but also damages crops, rubber, and other materials. As Monrovia is located in Southern California where smog has been a growing concern, it is vital for Monrovia to contribute to finding any solution to the issue. The year 2020 was included in the CO2 goal due to its important relation with AB32. This bill includes other greenhouse gases in the chart and not just carbon dioxide, but also methane, nitrous oxide (NOx), Sulfur Oxide City of Beaumont 18 Energy Action Plan July 2010, 71612011 �� BEACH (Sox), and Particulate Matter (PM). These sources of pollution are commonly derived from the transportation segment in which City fleet vehicles are included. A goal of reducing Monrovia's fleet carbon emissions by approximately 25 percent before 2020 was used in conjunction with AB32's stated amount. City Fleet Baseline 4 Goals TOTALPASSENGER TOTALTRUCK TOTAL CONTRACTED 2007 2020 2007 2015 2007 2015 2007 2015 CO2 CO2 Goal PM10 Gal SOx Gooal NOx Goal 999,093.61 749,320.21 76 38.13 9.73 4.86 1,095.28 547.64 216,682.25 162,511.69 66 33.09 1.91 0.95 1,823.64 911.82 990.795.79 743,096.84 331 165.63 9.56 4.78 9,129.10 4,564.55 474 236.85 21.20 10.60 12,048.02 6,024.01 GRAND TOTALS 1,215,775.86 1,654,928.74 See Appendix H for back up details and calculation formulas. "Contracted Fleet include Refuse and Street Sweepers Transportation Recommendations The City of Monrovia is involved with the San Gabriel Valley Council of Government's Energy and Environment Committee in order to coordinate educational workshops on renewable fuels with AQMD (Air Quality Management District). This acknowledges the importance the City of Monrovia has already placed on transportation and finding a sustainable solution. It is recommended for the City to continue researching the various options with transportation specialists on finding the right vehicle for their department's needs. Conservation is the most reliable and simple way for the City of Monrovia to reach their goal. The city should ensure that each employee is using the smallest vehicle possible and limiting their non - essential travel. A no- idling policy should also be adapted by the city to ensure employees are not wasting fuel and greenhouse gases at unnecessary times. In order to help meet the greenhouse gas reduction goal, the Partnership would like to recommend the use of hybrids as a viable renewable fuel option for the present moment. Hybrids produce decreased emissions during operation with the additional battery powered motor. Not only do the majority of hybrids have three times (3x) the amount of gas mileage available compared to regular vehicles, but also do not idle with the help of the electric motor. This renewable fuel source can provide for a multitude of needs ranging from quick engine power for a police car to heavy duty utility trucks for a fire department. These vehicles can cost approximately $7,000 more than the average vehicle, which could be costly for the city to afford. One way the City of Monrovia can afford this expense is to reassess the number of fleet they realistically need and cut down if possible. Another could be concentrating at first on replacing old, inefficient vehicles then assigned to employees who drive the most to maximize the results. The Partnership recommends the City of Monrovia to replace at least half of their fleet vehicles with hybrids by the year 2030. City of Beaumont 19 Energy Action Plan July 2010, 71612011 � q acrv.j�. As this is a living document, the plan recognizes the need to reassess the future options available that may be more suitable for the City of Monrovia. Until that time comes, the hybrids are the most viable option. Other emissions reduction opportunities Recognizing that Monrovia is located in Los Angeles County, a strong reduction opportunity exists in capitalizing on the infrastructure already set in place as well as be an active role model for the other 9.6 million people in the area. The Metro Rail, specifically it's Gold Line, provides an easy, low�cost transportation system in which Monrovia residents can take advantage of. Other available options may be Amtrak, Metrolink, locating convenient ridesharing groups through Southern California Ride Share, or by riding the local bus system. The City of Monrovia should encourage local residents to make the most out of these resources available. The city employees should be the first to take part in increasing the amount of ridesharing or other methods of transportation to reduce carbon emissions from commuting. The City of Monrovia should pursue a goal of 20% of employees to take part in carpooling, riding a bicycle, or taking public transportation to work. The Partnership recommends an incentive available in order to motivate the targeted 45 employees (20% of 225 employees) for choosing a renewable method. The City has already integrated their employees into a 4/10 work schedule, which removes a day from them commuting to work. The Partnership recommends this schedule to continue with all city employees. Decreased Energy Dependence The basic issue for Monrovia and other cities is what they will do about the ongoing Energy Crisis. Monrovia needs to establish a Community Vision, which is then translated into goals that can help them become more sustainable. There are other communities, like colleges and universities that are doing just that. Note the diagram below that outlines what the new "paradigm" is: relying less on a central gird to providing local community power generation through renewables. The concept is called "agile energy systems" (see Clark and Bradshaw, 2004) and encourages communities to rely more on renewable energy /photovoltaic's while still linked to the grid for redundancy and back -up if needed. City of Beaumont 20 Energy Action Plan July 2010, 71612011 A��iiFfpfrEtt'°�F� Consider one example: the American Association of Sustainable Higher Education. Over 1,000 American colleges and universities have joined the organization and made the above vision a firm commitment. Each campus has its own specifics goals and objectives, but they have agreed to move ahead aggressively with this vision. The college and university community(s) is very similar to a small town and city. In short, there are strong parallels and hence lessons to be learned and implemented. The LA Community College District (LACCD), with its nine campuses throughout LA County, has such a program. The idea is to use renewable energy for power generation (solar for example; see planning diagram below) along with other power sources such as wind (small wind as part of the building design) and geothermal among others. The campuses average about 2 -3 MW per site so with the installation of that amount of solar (which is currently being done - -- see below for East LA College) the demand is met as well as planned for future demand increases. Colleges are similar to City government building centers (City Hall, Court Houses, Fire and Police Stations etc.) as well as office building complexes, shopping malls, and residential communities. One key element and concern, in the case of LACCD, and other communities is to implement US Green Building Standards called Leadership in Energy, Environment and Design (LEED). This standard has become very popular (it has five levels of ranking each building) and has now expanded somewhat into "neighborhoods" or clusters of buildings. Similarly, there is a national Clean Cities organization. Monrovia should join and learn what it can do to accomplish its vision (the one above or another) or that of the Clean Cities Association. Over 350 American cities and towns have signed on to participate in the program. Monrovia would join and work with the Clean Cities national program to get ideas and share programs, policies and expertise with other cities. Certainly, Monrovia should consider registering with the California Climate Registry to set up an annual process to measure (see base load model below) their "carbon footprint" and hence from which to reduce it through energy programs, incentives, strategies and conservation. Monrovia should also consider setting a strong goal of having 10% renewable energy within the community by 2010 or another date certain in the near term. This will lead the community by being pro- active and aggressive. The State of California and Los Angeles Department of Water and Power ( LADWP) as well as Southern California Edison both have their goal as 20% by 2010. This is very well possible by enacting in some creative and aggressive ways. Edison is at 17% now (2008) so that it appears it will exceed the 20% goal before 2010. LADWP is another story. However, recently (early June 2008) the senior management and Board have taken dramatic steps to meet the 20% goal by 2010. The first way this has been done by both Edison and LADWP only buying "green power" or the percentage to meet their goals. The other significant way they have met this goal is by reducing energy use through conservation and efficiency methods: light blubs, meters for the home and office, turn off lights and power, purchase LED lights for public areas among other things. Thirdly, Monrovia can start a Solar Roof Program following the example of Santa Monica, San Francisco and Berkeley who already have them. One creative approach from Berkeley is for the home and business owner to contract to take a percentage of their monthly power bill and allocate to the costs for solar systems. Finally, the City needs to cerate education and training programs which involves the public schools, City and private sector facility staff, include an annual public event City of Beaumont 21 Energy Action Plan July 2010, 71612011 Va y like an "eco or green fair" during the year for the entire community. There are other activities and programs that might best suit Monrovia which can be developed too. Agile Energy Systems as illustrated in the Economist Journal from WW Clark and T Bradshaw, Agile Energy Systems: global lessons from the California energy crisis, Elsevier Press 2004: combination of grid connected energy but with far more generation coming from on -site power in communities, homes and clusters of buildings. The shape of grids to come? Conventionat electrical grid Energy i nternet Pa F�•ratl:etis�3 �ryner vKZtttcns � »etc��a..�*ate,: �a'9ear� 1�5sIG�srt�,i .,, en �. z=. �FV. �4sti�.. rn. ll. =s s.)x +mss .m�3 dtti�tii.r iCs tg to }i;lm._.,. ,�ci �- ri�aad �.(fices. kxati�i *3n s.Eer u,�tz„q arter�,�s ,E ,ec <,,_; a >>A.inr1 ,z Y - '.'""'R1 3 t 5 t r itt f "w", r � r { ±SUffiw9 raatctxys';!t _..'. 4f „.l r >,. __._r L ratio rlr € �e,b, * vifle*h.Rding tr�Il ::It IE �. (z^a .. -. st 1kie 'I< wp f .r.K .,F ., YI., 11f��i ­kYP.0 0fYf:v. City of Beaumont 22 Energy Action Plan July 2010, 71612011 z _rS ANOELEC CC,,MMUM7- COL-EC-E 3 S-.R!CT �ZE T - CPNr NEWAB�-- ENERGY -' AG S14: -ING : E X-10 ES East LA College Campus Plan (LACCD) �j City of Beaumont 23 Energy Action Plan July 2010, 71612011 M 4. Potential carbon emission reduction projects summary... The City of Monrovia set a strong goal of achieving a 25% reduction in greenhouse gas emissions by 2030 as seen below in their City Accord Action 3. This is a difficult goal, but could be achieved if the city acts accordingly. ` In terms of electrical usage that emits greenhouse gas, the city will need to reduce their kWh by 3,386,698 (25% from baseline of 13,546,794 kWh in FY2007). The Partnership has recommended numerous retrofits throughout the city facilities that will accomplish a savings of 161,253 kWh. This means that the City will have to heavily rely on the local community to decrease their kWh usage as well in order to meet this goal. If half of the household reduce their electricity usage by 10% the City will meet this goal. In order for this to occur, the City of Monrovia needs to generate thorough energy awareness throughout the community by hosting events, visiting schools, or other types of programs. The city will also need their citizen's help in order to reduce gas emissions. A reduction of 3,875 therms (25% from baseline of 15,503 therms in FY2007) is the target to help meet the overall greenhouse gas goal. Besides replacing the city facilities HVAC equipment with more energy efficient equipment and installing Intellicon's, they will also need to educate the importance of saving gas and how to do so throughout the community. By replacing at least half of the fleet vehicles with hybrids, one -sixth (1 /6`h) of the reduction of 303,943 CO2 will be met for the greenhouse gas goal. This means that it is important to also focus on the use of each vehicle. The city needs to ensure that all vehicles are driven when necessary and the most efficient vehicle for each job is used at all times. The fleet portion of this goal can be met, but changes need to be made in the amount of usage by all vehicles. City Accord Action 3: Adopt a citywide greenhouse gas reduction plan that reduces the jurisdiction's emissions by twenty -five percent by 2030 *, and which includes a system for accounting and auditing greenhouse gas emissions. ( *Note: 2015 reduction was goal was set at 10 %) There are many funding strategies available today for the listed projects in this plan. As seen above, the utilities, such as Southern California Edison have rebate programs (San Gabriel Valley EnergyWise Partnership) for energy efficiency projects. Federal Tax incentives exist too but expire at the end of 2008. The 30% tax credit for companies is very attractive and being used by communities and colleges when they go out to bid and contract with companies for energy demand and generation services using renewable power sources. The for -profit companies can take and use the Federal Tax Credits. Per California Government Codes and Proposition 96, Communities can ask the voters to pass bond measures. Many colleges have done so to upgrade and "green" their campuses. Another even more significant strategy is to use long term Power Purchase Agreements (PPA) which is legal agreements / contracts between the organizations to buy power from a company for 10 -20 years. Often the PPA can be paid off sooner since the energy savings can be used to reduce the time of the contract. Along with this legal contract, there are economic and accounting analytical tools called "life cycle analysis" which can provide details as to the Return on City of Beaumont 24 Energy Action Plan Judy 2010, 71612011 Investment (ROI) and measure the time along with "externalities" (e.g. other costs) to pay for the renewable energy systems. A more recent strategy has come from the Clinton Climate Initiative (CCI) in Washington DC whereby private companies that contract for energy services are identified and screened in order to bid and contract for renewable energy and demand management services to non -profit or government organizations. This approach also includes low interest financing and bank support to communities. Soon some pilot projects will be identified and tested in Southern California as well as other regions in the USA. 5. Conclusion and Recommendation The City of Monrovia has demonstrated an exceptional willingness to conserve energy, reduce the emission of Green House Gases (GHG), and become a greener city via the implementation of several measures. These measures include the replacement of inefficient hardware in favor of energy- efficient models within city facilities and behavior modification of city staff. These measures so far have yielded significant and measurable energy savings and reduction of GHG emissions. These energy savings and corresponding GHG reductions have been quantified with the use of utility consumption data obtained before and after the energy - efficient hardware was installed in Monrovia's city facilities. The difference in energy usage between the relevant baselines (FY- 2003 -2004 and FY 2006 -2007) establishes the integrity and soundness of the recommendations contained herein. The accomplishment of these goals has required that every level of Monrovia's governance structure support and work together towards this common good. Monrovia's Mayor and City Council working alongside city staff have made this effort a success thus far. In order to make this into a city-wide success the City must explore ways to effectively involve Monrovia's citizenry to adopt greener lifestyles by conserving water and becoming energy - efficient. The creation of the Green Team has added an element of organized structure so often required in these city- wide efforts to helping conserve our environment. Comprised of representatives from each of the City's departments the Green Team provides guidance and recommendations to the Public Works Department on how each respective department can contribute to the City's energy conservation goals. A Green Team concept can be further expanded to include Monrovia's community leaders and volunteers from the various council districts. This city-wide Green Team would then explore ways to outreach to Monrovia's residents and encourage their participation in a greener lifestyle. Monrovia's population as per the 2000 Census data shows 13,957 housing units and approximately 40,000 residents. If the city-wide community Green Team were successful in its outreach efforts and realized an average savings of 10% in both water and energy conservation in each household this would translate into significant resource conservation and GHG emissions reduction. Based on average consumer use this would mean a total yearly water savings of 76.2 million gallons, 9.5 MWh of electricity, and 558,280 therms of natural gas. This would result in CO2 emissions reduction of approximately 8 million pounds per year! This does not include the non - residential utility accounts for the Monrovia business community. City of Beaumont 25 Energy Action Plan July 2010, 71612011 F-1 6Eq�, ! Despite Monrovia's status as an Energy Leader, it is also recognized that the City can do more to further its energy conservation goals and reduce its Carbon Footprint. For this reason the San Gabriel EnergyWise Partnership and the City of Monrovia have created this Energy Action Plan. This Energy Action Plan will also serve as a model which other cities in the San Gabriel Valley and elsewhere can adopt and implement. Change will not happen overnight and will require that all cities collectively work together in solving the Global Warming issue. The adoption of similar plans by other. cities will help establish formal and realizable energy conservation and GHG reduction goals. As the energy conservation industry grows so does the innovation and technology associated with the lighting and cooling systems often used in city facilities. During the last ten years there has been a push to introduce newer and more energy efficient technologies in these areas. This effort has given rise to what is known as The Market Transformation of energy - efficient equipment. Market Transformation has been promoted by the federal and state government as well as the utility companies to reduce the number of new generating plants in our communities. The advent of newer technologies in lighting and cooling systems coupled with the continuous innovations in these areas allows for additional energy conservation opportunities. At this point in time, for example, the Market Transformation of tube lighting is well underway with many city facilities and businesses retrofitting their lighting systems from T12 /magnetic ballasts to T8 with electronic ballasts. Continuous technological advancements in lighting systems have placed into the marketplace T5 lighting systems capable of engaging in demand response activities, daylight harvesting ballasts, internet driven lighting controls, induction lamps, and reduced wattage T8 lamps just to name of few. The technologies allow for cities such as Monrovia that have already carried out the T12 to T8 retrofits to establish additional energy goals. As time progresses the Market Transformation of these technologies will drive down their prices and thus, make them more readily accessible. The same concept applies to the efficiency of HVAC technology. Current Title 24 Standards require for the installation of HVAC units that have a minimum SEER 13 (Seasonal Energy Efficiency Ratio) in all residential and non - residential new construction and remodels. These standards will of course change as Title 24 is further updated in the coming years. This will provide cities such as Monrovia the opportunity to conserve additional energy and further reduce cooling costs. This Energy Action Plan for the City of Monrovia is a living document. It is meant to establish energy conservation and GHG reduction goals during the next 22 years. It also establishes a current baseline by which to compare progress in meeting the goals as outlined herein. City staff will continuously monitor all progress in the future years and re- define goals as it becomes necessary. City of Beaumont 26 Energy Action Plan July 2010, 71612011 STAFF REPORT Agenda Item q, b TO: Mayor and Council Members FROM: City Manager DATE: June 7, 2011 SUBJECT: Preliminary Capital Improvement Plan Budget — Fiscal Year 2011 -2012 Background and Analysis: On May 17, 2011, the City Council held a public workshop to solicit public input and prioritize capital improvement projects for the 2011 -2012 Capital Improvement Plan (CIP). The priority list of projects is attached to the staff report and includes funding for redevelopment, street repair and traffic signal projects. The priority projects are also included in the attached summary of ongoing and proposed future CIP projects. The preliminary CIP budget includes approximately $33.7 Million funded from the following funds. • Redevelopment Agency Projects $ 5,121,706 • Beaumont Utility Authority Projects $ 2,996,950 • Transportation and Street Repair Projects $25,604,908 Fiscal Impact: There is no impact on the General Fund as the proposed projects will be funded from non General Fund sources of funds. Recommendation: Staff recommends APPROVAL of the Preliminary Capital Improvement Plan Budget for Fiscal Year 2011 -2012. Respectfully submitted; CITY OF- BEAUMOKk I Atari C. 1, 1panicas' City Manager City of Beaumont 2011 -2012 Capital Improvement Plan Project Priority Summary for New Projects Rank Facility Priority Estimated Budget Redevelopment Agency - Joint Projects - Available Funding $700,000 1 Regional Park Facilities $724,055 Total $724,055 Redevelopment Agency Projects - Available Funding $1,000,000 1 Old Town Street and Sewer Repair $871,500 2 Palm Avenue at Sixth Street Storm Drain $215,136 Total $1,086,636 3 Palm Avenue Storm Drain at SCE Easement $791,384 4 Elm Avenue Storm Drain $732,185 5 Beaumont Housing Rehabilitation $250,000 Subtotal $1,773,569 Street Repair and Traffic Signal Upgrades - Available Funding $1,000,000 Street Repairs 1 Pavement Management - See CIP Map $162,500 2 Eighth Street - Pennsylvania Avenue to Xenia Avenue $301,840 3 Xenia Avenue - Sixth Street to Eighth Street $101,868 4 Pennsylvania Avenue - First Street to Potrero Boulevard $83,650 5 Downtown Alley Rehabilitation $40,000 6 Golf Club Drive Median Break - Rite Aid Center $39,404 7 Palm Avenue - Fifth Street to Sixth Street $57,600 Subtotal $1,312,180 Traffic Signal Upgrades 8 Pennsylvania Avenue and Sixth Street Protected Left Turns $49,800 9 Beaumont Avenue Signal Synchronization - OVP to CVB $87,150 10 Cougar Way Protected Left at Beaumont Avenue $49,800 11 Beaumont Avenue and Sixth Street Right Turn Pocket Upgrade $93,375 Subtotal $1,066,987.25 12 Oak Valley Parkway - Beaumont Avenue to Michigan Avenue $334,650 13 Brookside Avenue - Cherry Avenue to City Limits $150,130 14 Pennsylvania Avenue - First Street to Potrero Boulevard $83,650 15 Beaumont Barrio Street Repairs $86,400 16 Beaumont Avenue - Sixth Street to Oak Valley Parkway $896,000 17 Fifth Street - Beaumont Avenue to California Avenue $96,000 Subtotal $1,312,180 City of Beaumont 2011 -2012 Capital Improvement Plan Preliminary Budget Summary Facility /Description Source of Funds Estimated Cost Redevelopment Agency Projects Old Town Street and Sewer Repair Project RDA $871,500 Palm Avenue at Sixth Street Storm Drain RDA $215,136 Civic and Community Center Expansion RDA $1,002,225 Regional Park Facilities RDA Joint Funds $724,055 Downtown Underground Utility Project Rule 20A Proceeds $976,640 Sidewalk Improvement Project CDBG and SB 821 Grants $1,332,150 Subtotal $5,121,706 Beaumont Utility Authority Projects Maximum Benefit and SSMP Implementation Wastewater Enterprise $650,000 Wastewater Treatment Plant Upgrades Wastewater Enterprise $2,346,950 Subtotal $2,996,950 Transportation and Street Repair Projects Brookside Avenue Crossing of Noble Creek RDA/BUSD Agreement $1,659,647 Historic San Timoteo Canyon Bike & Ped. Facilities TE Grant $1,760,663 State Route 60 /Potrero Boulevard Interchange Transportation Funds $4,500,000 State Route 60 Overpass at State Route 60 Grants and AD No. 98 -1 $10,330,282 Fourth Street/Potrero Boulevard Extension CFO No. 93 -1 $5,441,667 Golf Cart Transportation Facilities Transportation Funds $39,404 Pavement Management and Street Repair Gas Tax and Trans. Funds $1,593,149 Traffic Signal Upgrades Transportation Funds $280,125 Subtotal $25,604,938 Total $33,723,593 Palmer Ave. rya City of Beaumont Capital Improvement Plan For Fiscal Year 2011 -2012 Cherry Valley Blvd. Brookside Ave. Champions Dr. �ti' Caugtar Way iw Oak Valley Pkwy. w -a ► i -,r STORM DRAIN [ STREET IMPROVEMEINIS SIGNAL INTERCONNECT PAVEMENT REHABILITATION ♦ -�- a -� -+ MULTI PURPOSE TRAILS/ SIDEWALKS <'.. .3 PARK IMPROVEMEIN °TS `N PAVEMENT MANAGEMENT CIVIC & COMMUNITY CENTER RENOVAI70N u:± WASTEWATER TREATMENT PLANT UPGRADE & EXPANSION CO PUBLIC SAFETY & EMERGENCY PREPAREDNESS CENTER ® TRAFFICSIGNAI. �� BRIDGE CROSSING NTS STAFFREPORT Agenda Item -;, - TO: Mayor and Council Members FROM: City Manager DATE: July 19, 2011 SUBJECT: Cost Sharing Agreement with Beaumont Unified School District for Brookside Avenue Improvements Background and Analysis: The proposed Agreement would authorize joint funding between the City and Beaumont Unified School District for construction of street improvements on Brookside Avenue adjacent to Beaumont High School. The street improvements would extend along the frontage of the Beaumont High School expansion with includes new administrative offices and athletic facilities, then easterly to the intersection of Beaumont Avenue. They would include a new bridge crossing at Noble Creek to provide all weather access to the high school for motorists, bicyclists and pedestrians. The improvements would also include curb, gutter and widening of Brookside Avenue along the north side of the street. A bus turnout and Class I Bike Lane would be constructed to encourage use of public transit and alternate modes of transportation to and from the high school. The District will contribute up to $600,000 for the improvements. The preliminary estimate of costs is approximately $1.6 Million. Fiscal Impact: There will be no impact on the General Fund as the project would be funded by Redevelopment Agency funds in addition to the funding provided by the District. Recommendation: Staff recommends Continuing off Calendar until the RDA issues with the State have been resolved. City AGREEMENT FOR ROAD IMPROVEMENTS (BROOKSIDE AVENUE BETWEEN OAK VIEW DRIVE AND BEAUMONT AVENUE) This Agreement ( "Agreement ") is entered into this _ day of , 2011 ("Effective. Date ") by and between the Beaumont Unified School District ( "District ") and the City of Beaumont ( "City ") (collectively the "Parties" or individually the "Party ") for the provision and cost sharing of certain roadway improvements. WHEREAS, the District owns a site located at 39139 Cherry Valley Boulevard, within the City of Beaumont, known as the Beaumont High School and is seeking to annex a site to the City of Beaumont for the development of District administrative offices and a sports complex located on Brookside Avenue adjacent to the Beaumont High School ( "District Property; ") and WHEREAS, in order to benefit the general public, as well as parents, students and staff of the District, the District and City desire to cooperate in planning, implementing and financing the construction of certain street improvements along Brookside Avenue between Oak View Drive and Beaumont Avenue near the District Property ( "Project "); and WHEREAS, the Parties have designated the City as lead agency for the Project; and WHEREAS, the District and City wish to set forth in this Agreement the terms and conditions for the planning, implementing and financing of the Project. NOW THEREFORE, in consideration of the foregoing recitals, there Parties hereto agree as follows: I. THE PROJECT 1. Definition. The Project shall consist of the work set forth in Exhibit "A" attached hereto and incorporated hereby ( "Scope of Work "). 2. Cost. The cost of the Project shall include the cost of utility relocation, obtaining easements, rights -of -way and rights of entry from private parties, cost of labor and materials for construction of the Project and associated costs. Cost of the Project shall not include administrative time associated with the Project by District and /or City employees or costs incurred by City related to obtaining permits, preparation of plans and specifications, construction management and other documentation or approvals required for the Project. 3. Bu_ dget. The total cost ( "Estimated Total Cost ") of the Project is divided into the District's share of the Estimated Total Cost ( "Estimated District Cost ") and the City's share of the Estimated Total Cost ("Estimated City Cost "). The Parties acknowledge that the Estimated Total Cost is not a firm estimate and that a firm estimate will not be available until design is completed, any necessary approvals are obtained and any necessary bids are accepted by the City. Once a firm estimate of the costs ( "Project Budget ") is determined by the City, a breakdown of costs and final financial obligations of the Parties will be attached hereto as Exhibit "B," which Exhibit shall be incorporated herewith upon attachment. The District's share' of Project Budget shall be Six Hundred Thousand Dollars ($600,000) unless the Project Budget (;, 005007,0001811013x1 is less than $600,000 in which case the District's share of the Project Budget shall be equal to the Project Budget. The District shall deposit an amount equal to the Estimated District Cost ( "District Funds ") in a separate City account specifically designated for the Project (``Project Account ") within thirty (30) days of the issuance of a Notice to Proceed for the Project. In no event shall strict advance any funds toward the Estimated City Cost. IL RESPONSIBILITIES OF THE PARTIES I. District Agrees: a. To pay up to but not to exceed Six Hundred Thousand Dollars $600,000 of the cost of the Street Improvements. b. To grant all necessary easements, rights -of -way and right of entry agreements as needed to construct the Street Improvements along the frontage of the District Property in accordance with City standards, to grant the rights -of -way in accordance with City standards for existing street improvements on Brookside Avenue which were constructed by the District as part of the Beaumont High School project and to file an application for abandonment of that portion of Mountain View Avenue as described and set forth in Exhibit "C" attached hereto and incorporated hereby (`'Rights -of- Way "). c. To construct all public utilities and public utility connections in and along Brookside Avenue which are required to serve the District Property including but not limited to storm drains, water lines, sewer lines and dry utilities at the sole cost and expense of the District. The District agrees to apply for an encroachment permit from the City for construction of the utilities in Brookside Avenue to coordinate the construction of all utilities and utility connections with the design and construction of the Street Improvements. d. To construct all parkway improvements along the frontage of the District Property including but not limited to sidewalks, landscaping, irrigation and driveways at the sole cost and expense of the District, The District agrees to apply for an encroachment permit from the City to construct the parkway improvements and to coordinate the construction of the parkway improvements with the design and construction of the Street Improvements to the extent the parkway improvements are located in existing and/or future City rights -of -way. 2. Citv Agrees; a. To cause to be produced a set of plans and specifications, obtain all necessary easements, rights -of -way and right of entry agreements as necessary to construct the Street Improvements as defined in Exhibit "A." b. Perform design and construction coordination between the Street Improvements and the District improvements, including parkway and on -site improvements for the :District Property. 005007.0001811013v 1 C. To pay for all the costs of the Street Improvements which exceed the District's cost and to provide the District with monthly invoices that itemize District's share of the Project costs and to include back -up documentation of the costs. e. To prepare, advertise, award and administer a public works contract for the construction of the Scope of Work in accordance with all applicable federal, state or local statutes, ordinances, orders, governmental requirements, laws or regulations, including but not limited to the local agency public construction codes, California Labor Code, California Education Code and California Public Contract Code. g. To not unreasonably withhold the issuance of encroachment permits for construction of utilities and parkway improvements by the District. h. To coordinate with the County of Riverside and private parties and do all things necessary to obtain all permits, easements, rights -of -way, right of entry agreements and other documentation or approvals required for construction of the Street Improvements. III. CHANGES TO SCOPE OF WORK/PROJECT BUDGET 1. City shall inform the District of the need for any changes to the District parkway improvements and improvements on the District Property which are in conflict with City standards and /or the Street Improvements. IV. OWNERSHIP AND TITLE TO PROJECT; AUDIT 1. Ownership and title to all improvements installed as part of the Project will vest with the City to the extent they are located in City rights -of -way and no further agreement will be necessary to transfer ownership. 2. The Parties agree to retain, or cause to be retained, for audit purposes, for three (3) years from the date of filing a Notice of Completion for each portion of the Project all records related to that portion of the Project. V. INDEMNIFICATION 1. District agrees to defend, indemnify and hold harmless City, its officials, officers, employees and agents from any and all liability from loss, damage or injury to property or persons, in any manner arising out of any negligent acts, omissions or willful misconduct of the District arising out of or in connection with District's performance of this Agreement. 2. City agrees to defend, indemnify and hold harmless District, its officials, officers, employees and agents from any and all liability from loss, damage or injury to property or persons, in any manner arising out of any negligent acts, omissions or willful misconduct of the City arising out of or in connection with City's performance of this Agreement. 005007.00018/1013v1 VI. INSURANCE 1. District and City shall all be listed as additionally insured on all insurance policies obtained in conjunction with this Project. VII. TERMINATION 1. This Agreement shall terminate upon the filing of a Notice of Completion for all portions of the Project or upon the mutual consent of the Parties. 2. The District may terminate this Agreement by written notice if City has not completed design for the entire Project, as set forth in Exhibit "A," on or before six (6) months from the Effective Date of this Agreement. Completion of design is defined as approved plans and specifications for the Scope of Work. 3. The District may terminate this Agreement by written notice if City has not commenced construction of the Project as set forth in Exhibit "A," on or before six (6) months from the completion of design for the Project. Commencement of construction is defined as the issuance of a Notice to Proceed for the Project. VIII. MISCELLANEOUS 1. Notice. Any notice, request, information or other document to be given hereunder to any of the parties by any other parties shall be in writing and shall be deemed given and served upon delivery, if delivered personally or through facsimile, or three (3) days after mailing if sent by certified mail, postage prepaid, as follows: To District: BEAUMONT UNIFIED SCHOOL DISTRICT Attn: Dr. Barry L. Kayrell, Superintendent 500 Grace Avenue Beaumont, CA 92223 Fax: (951) 845 -4561 With copy to: ATKINSON, ANDELSON, LOYA, RUUD & ROMO Attn: Andreas Chialtas 12800 Center Court Dr., Suite 300 Cerritos, CA 90703 Fax: (562) 653 -3333 To City: CITY OF BEAUMONT Attn: Alan C. Kapanicas, City Manager 550 East 6th Street Beaumont, CA 9222' ) Fax: (951) 769 -8526 005007.o0018l1013vl With copy to: CITY OF BEAUMONT Attn: Joe Aklufi, City Attorney 3403 Tenth Street, Suite 610 Riverside, CA 92501 Fax: (951) 682 -2619 2. Attorneys' Fees; Litigation. In the event of a dispute under this Agreement, each Party shall bear its own attorneys' fees and costs. 3. Binding on Heirs. This Agreement shall be binding upon the Parties hereto and their respective heirs, representatives, transferees, successors, and assigns. 4. Severabilily. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 5. Entire Agreement, Waivers and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the Parties with respect to all or part of the subject matter thereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Party to be charged. Any amendment or modification to this Agreement must be in writing and executed by all of the Parties hereto. 6. Exhibits. All exhibits and attachments to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 7. Interpretation: Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared. by both Parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 8. Authority. The person(s) executing this Agreement on behalf of the Parties hereto warrant that: (a) such Party is duly organized and existing, (b) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (c) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (d) the entering into this Agreement by a Party does not violate any provision of any other agreement to which said Party is bound. 9. Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all Parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart. 10. Conflicts of Interest. No director, officer, official, representative, agent or employee of any Party shall have any financial interest, direct or indirect, in this Agreement. 11. Rights and Remedies are Cumulative. Except as may be otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by any Party of one or more of its right or remedies shall not preclude the exercise by it, at the 005007.00018/1013vi same time or at different times, of any other rights or remedies for the same default or any other default by another Party or Parties. 12. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of any Party the Agreement shall forthwith be physically amended to make such insertion or correction. 13. Cooperation. The Parties acknowledge that it may be necessary to execute documents other than those specifically referred to herein in order to complete the objectives and requirements that are set out in this Agreement. The Parties hereby agree to cooperate with each other by executing such other documents or taking such other actions as may be reasonably necessary to complete the objectives and requirements set forth herein in accordance with the intent of the Parties as evidenced in this Agreement. 14. Ambiguities not to be Construed against Drafting Party. The doctrine that any ambiguity contained in a contract shall be construed against the party whose counsel has drafted the contract is expressly waived by each of the Parties hereto with respect to this Agreement. 15. Nonliability of Officials. No officer, member, employee, agent, or representative of the Parties shall be personally liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon, shall be personally enforced against any such officer, official, member, employee, agent, or representative. [ ** Signatures on Follow Page * *] 005007.00018/1013v1 IN WITNESS WHEREOF, this Agreement has been executed as of the Effective Date. BEAUMONT UNIFIED SCHOOL DISTRICT — (� 2±� (01 11, Dr. BAy L. Kayrell, Superintendent ATKINSON, DELS yN,,:LO -A, RUUD & ROMO By: .- Andreas. Chialtas, Esq., legal counsel for Beaumont Unified School District CITY OF BEAUMONT Its: 005007 00018110I3vl EXHIBIT "A" SCOPE OF WORK 005007.00018/1013v I EXHIBIT "C" OFFER OF DEDICATION FOR BROOKSIDE AVENEUE AND ABANDONMENT FOR MOUNTAIN VIEW AVENUE 005007.00018/1013x1 Recording Requested by CITY OF BEAUMONT WHEN RECORDED MAIL TO: CITY OF BEAUMONT 550 E. 6TH STREET BEAUMONT, CA. 92223 SPACE ABOVE THIS LINE FOR RECORDER'S USE No Fee -Gov. 6103 IRREVOCABLE RIGHT OF WAY OFFER OF DEDICATION FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BEAUMONT UNIFIED SCHOOL DISTRICT hereby GRANTS to the CITY OF BEAUMONT an irrevocable offer of dedication for right of way for public road and drainage purposes, including public utility and public services purposes, together with incidental appurtenances, connection, and structures in, over, under, along, through, and across the real property situated In the City of Beaumont, In the County of Riverside, State of California, hereinafter described as attached Exhibits "A" and "B° and made part of this agreement. GRANT OF SLOPE EASEMENT Together with a perpetual exclusive easement with the right to construct and maintain a slope and any necessary drainage in the land beyond the limits of the road right of way lines where required for road maintenance and Improvements on said real property by the CITY OF BEAUMONT or Its successors or assigns. It is understood and agreed that the easements and rights of way acquired herein are subject to the right of the owner, his successors and assigns, to use the surface of the land within the boundary lines of said easements and rights of way to the extent that such use Is compatible with the full and free exercise of said easements and rights of way by the CITY OF BEAUMONT; provided; however, that no fences, block walls, or other structures or other Improvements shall be constructed upon, over, and along said easements and rights of way without first obtaining the written consent of the CITY OF BEAUMONT. Dated STATE OF CALIFORNIA COUNTY OF )SS. ON before me personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/herRheir authorized capacity(ies), and that by his /herAhelr signature(s) on the Instrument the parson(s) or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Of Notary Public *SEE ADDITIONAL SHEETS FOR ADDITIONAL NOTARIES' MAIL TAX STATEMENTS TO: By: Name: Title: By: Name: Title: Exhibit A Legal Description - Parcels A, B and C PARCEL "A" BEING A PORTION OF LOT 8 IN BLOCK 9 OF CHERRY VALLEY WEST ADDITION, AS SHOWN BY MAP ON FILE IN BOOK 6, PAGE 36 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING IN THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 2 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 8, ALSO BEING A COMMON CORNER OF LOT 7, AS SHOWN ON SAID MAP, SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF BROOKSIDE AVENUE, AS SHOWN ON SAID MAP; THENCE NORTHERLY LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG THE COMMON LINE OF SAID LOT 8 AND SAID LOT 7, NORTH 01 028'18" EAST, A DISTANCE OF 14.00 FEET TO A LINE PARALLEL AND NORTHERLY 14.00 FEET FROM SAID NORTHERLY RIGHT OF WAY LINE OF BROOKSIDE AVENUE; THENCE EASTERLY ALONG SAID PARALLEL LINE, NORTH 89 °50 -42" EAST, A DISTANCE OF 660.17 FEET, TO A POINT ON THE WESTERLY LINE OF PARCEL 5140 -5 AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 46, PAGES 79 THROUGH 82, INCLUSIVE, RECORDS OF SAID COUNTY; THENCE LEAVING SAID PARALLEL LINE, SOUTHEASTERLY ALONG SAID WESTERLY LINE, SOUTH 01 °28'18-- WEST, A DISTANCE OF 14.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 5140 -5, SAID POINT ALSO BEING THE INTERSECTION OF THE EASTERLY PROLONGATION OF SAID NORTHERLY RIGHT OF WAY LINE OF BROOKSIDE AVENUE AND SAID WESTERLY LINE OF PARCEL 5140 -5; THENCE LEAVING SAID WESTERLY LINE NORTHWESTERLY ALONG SAID EASTERLY PROLONGATION OF BROOKSIDE AVENUE, NORTH 89 050 -42" WEST, A DISTANCE OF 660.17 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 9,242 SQUARE FEET MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO MADE A PART THEREOF. EXHIBIT CITY OF BEAUMONT RIGHT OF WAY DEDICATION __________ DRAWN BY: RM DATE: 03 -01 -11 W.O. # ULC -11 -003 SHEET -L OF PARCEL "B" BEING A PORTION OF LOT 7 IN BLOCK 9 OF CHERRY VALLEY WEST ADDITION, AS SHOWN BY MAP ON FILE IN BOOK 6, PAGE 36 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING IN THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 2 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 7 OF SAID MAP ALSO BEING A COMMON CORNER OF LOT 8, AS SHOWN ON SAID MAP, SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF BROOKSIDE AVENUE, AS SHOWN ON SAID MAP; THENCE NORTHWESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE OF BROOKSIDE AVENUE, NORTH 89 °50'42" WEST, A DISTANCE OF 660.17 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7; THENCE NORTHEASTERLY LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG THE WESTERLY LINE OF SAID LOT 7, NORTH 01 °28'18" EAST, A DISTANCE OF 14.00 FEET TO A LINE PARALLEL AND NORTHERLY 14.00 FEET FROM SAID NORTHERLY RIGHT OF WAY LINE OF BROOKSIDE AVENUE; THENCE LEAVING SAID WESTERLY LINE, EASTERLY ALONG SAID PARALLEL LINE, SOUTH 89 050'42" EAST, A DISTANCE OF 356.99 TO A NON- TANGENT CURVE CONCAVE NORTHWESTERLY WITH A RADIUS OF 39.50 FEET AND A RADIAL BEARING OF NORTH 15 °41'08" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 °48'24" AND AN ARC DISTANCE OF 6.07 FEET; THENCE NORTH 65 030'28" EAST, A DISTANCE OF 6.93 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 60.50 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24 °38'50" AND AN ARC DISTANCE OF 26.03 FEET TO A LINE 24.50 FEET NORTHERLY AND PARALLEL TO SAID RIGHT OF WAY LINE OF BROOKSIDE AVE; THENCE EASTERLY ALONG SAID LINE, NORTH 89 °50'42" WEST, A DISTANCE OF 50.00 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 60.50 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24 038'50" AND AN ARC DISTANCE OF 26.03 FEET; THENCE SOUTH 65 011'52" EAST, A DISTANCE OF 6.93 FEET TO A TANGENT CURVE CONCAVE NORTHERLY WITH A RADIUS OF 39.50 FEET; EXHIBIT CITY OF BEAUMONT RIGHT OF WAY DEDICATION DRAWN BY: RM DATE: 03 -01 -11 W.O. # ULC --11 --003 SHEET 2 OF PARCEL "B" THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 °48'24" AND AN ARC DISTANCE OF 6.07 FEET TO A POINT WITH A RADIAL BEARING OF NORTH 15 °59'44 "EAST, SAID POINT ALSO BEING ON A LINE 14.00 FEET NORTHERLY AND PARALLEL TO SAID RIGHT OF WAY LINE OF BROOKSIDE AVENUE; THENCE EASTERLY ALONG SAID PARALLEL LINE, SOUTH 89 °50'42" EAST, A DISTANCE OF 178.75 FEET TO A POINT ON THE COMMON LINE OF SAID LOT 7 AND LOT 8 AS SHOWN ON SAID MAP; THENCE LEAVING SAID PARALLEL LINE SOUTHWESTERLY ALONG SAID COMMON LINE, SOUTH 01 028'18" WEST, A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 10,262 SQ. FEET MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO MADE A PART THEREOF. 0 J t%/V <r / DENNIS W. JANDA DATED L.S. 6359 L y WAYNF 4 P No. 6359 Q' CAL EXHIBIT CITY OF BEAUMONT RIGHT OF WAY DEDICATION __________ DRAWN BY: RM DATE: 03 -01 -11 W.O. # ULC-- 11003 SHEET ...L OF PARCEL "C" THENCE NORTHERLY LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG SAID PARALLEL LINE, NORTH 01 °28'18' EAST, A DISTANCE OF 14.01 FEET TO A LINE PARALLEL AND NORTHERLY 14.00 FEET FROM THE NORTHERLY RIGHT OF WAY LINE OF SAID BROOKSIDE AVENUE;' THENCE EASTERLY ALONG': SAID PARALLEL LINE OF BROOKSIDE AVENUE, NORTH 89°2940" EAST, A DISTANCE OF 330.05 FEET TO THE BEGINNING OF A PION TANGENT CARVE CONCAVE NORTHERLY WITH A RADIUS OF 600.00 FEET AND RADIAL LINE BEARING NORTH 22"35'05" WEST, SAID POINT BEING THE SOUTHEAST LINE OF SAID PARCEL OF LAND DESCRIBED IN SAID INSTRUMENT NO, 2001 -39 0957; THENCE SOUTHWESTERLY LEAVING SAID PARALLEL LINE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF '03 °53'03" AND AN ARC DISTANCE OF 40.67 FEET TO A POINT NTH A RADIAL BEARING NORTH 18°42'02" WEST, SAID POINT ALSO, BEING ON THE NORTHERLY RIGHT OF WAY LINE OF SAID BROOKSIDE AVENUE; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE, SOUTH 69 °29'40" WEST, A DISTANCE OF 292.35 FEET TO THE POINT OF BEGINNING. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO MADE A PART THEREOF., """NT CITY OF BEAUMM I * t i ! Exhibit B Plat — Parcels A, B and C J a z oa °OzQ N ozQ wr GA+- N89 050'42 'W o� (0 V\ G2 50.00' C2 !Z 356.99' 178.75' — N89 °50'42"W C1 �Cl N89.50'42"W N89 950'42 "W 660.1T - BROOKSIDE AVENUE DETAIL "A„ N.T.S. APN 405- 240 -003 BEAUMONT UNIFIED UOT Ij w SCHOOL DISTRICT "co o a z N N SEE Z W 1Ji. °. o �\y`S DE7A{L "A" ♦7, —_ a Q Z N 89 °50'42" W \ N89 °50'42W U 356.99' 5000' . N89 050'42 "W 1 178.75' --* _ N 89 °50'42" W 660.17' --,' n BROOKSIDE AVENUE P,p.6. PARCEL -B" PAR- "A" APN 400- 250 -002 10,262 S.F. + /- PAR. "B" GRAPHIC SCALE 0 so 160 320 ( IN FEET ) I inch = 160 ft. LINE TABLE LINE BEARING LENGTH L1 N65 030'28 "E 6.93' L2 N65 °1 1'52"W 6.93' CURVE TABLE CURVE DELTA RADIUS LENGTH Cl 8 °48'24" 39.50' 6.07' C2 24 038'50" 60.50' 26.03' w co N PARCEL "A" o 9,242 S.F. + /= Q L07 APN 405- 240 -004 BEAUMONT UNIFIED SCHOOL DISTRICT ' N 89950'42"W 660.17' _ N 89 050'42" W 660.17' _ BROOKSIDE AVENUE APN 400 - 250 -012 w z w a w z Q F z a O 2 J 0 F 0 U O O u- z n 0 U w 0 w a a� 50' 1L co N �r- O z� SEC.28, T.2 S, RAW EXHIBIT CITY OF BEAUMONT RIGHT OF WAY DEDICATION SCALE: 1 " =160' 1 DRAWN BY: RM DATE: 03 -01 -11 W.O. ULC -11 -003 SHEET 1 OF 1 W Z w Q W Z H Z O 2 P.O.B. t to 0 0 0 N M 0 50' w 50 b u- c WAYNE No. 6359 OF CAL \F INSTRU. NO. 2001-390957 / REC. 8/15/2001 4 / R.S. BK 109 /PG 77 APN 403 - 200 -009 / DSO, BEAUMONT UNIFIED SCHOOL DIST. APN 403 - 200 -008 KENNETH ODA O ,� �D(0 N PARCEL „C,. 4,366 S.F. + /- L =03 053'03„ L =40.67 330.05' R= 600.00' N89 °29'40 "E 292.35' — BROOKSIDE AVENUE_ — 'N18 °42'02 "W(R) — 404 - 010 -012 p\, 404- 010 -015 BEAUMONT PARTNERS BEAUMONT PARTNERS �p pt� N Czj G � ' v LTD PARTNERSHIP LTD PARTNERSHIP G\�y I F p GRAPHIC SCALE CITY OF BEAUMONT o ao ,so 3zo EXHIBIT ( IN FEET) RIGHT OF WAY DEDICATION 1 inch = 160 ft. SCALE: 1" =160' DRAWN BY: MQ DATE: 03 -01 -11 W.O. # ULC -11 -003 I/ I 50' 50' /I w D z w Q F- z O I� SEC.27. T.2 S. RAW SHEET 2 OF 2 Exhibit A Legal Description — Parcel A BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 2 SOUTH, RANGE I WEST, SAN BERNARDINO MERIDAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 8 IN BLOCK 9 OF CHERRY VALLEY WEST ADDTION, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF MOUNTAIN VIEW AVENUE BOTH AS SHOWN BY MAP ON FILE IN BOOK 6, PAGE 36 RECORDS OF SAID COUNTY; THENCE EASTERLY ALONG THE EASTERLY ppoLoNGATION OF THE NORTHERLY LINE OF SAID LOT 8, SOUTH 89`5012" EAST, A DISTANCE OF 10.01. FEET TO A LINE PARALLEL WITH AND EASTERLY 30.00 FEET FROM SAID WESTERLY RIGHT OF WAY LINE OF MOUNTAIN VIEW AVENUE AS SHOWN ON SAID MAP, SAID PARALLEL LINE ALSO BEING EAST LINE OF SECTION 28; THENCE SOUTHERLY ALONG SAID SECTION LINE, SOUTH 010281.8" WEST, A DISTANCE OF 1277.91 FEET TO A LM PARALLEL WITH AND NORTHERLY 44.00 FEET FROM THE CENTERLINE OF BROOKSIDE AVENUE AS SHOWN ON SAID MAP; THENCE WESTERLY ALONG LAST SAI D PARALLEL LINE, NORTH 89°50142" WEST, A DISTANCE OF 30.01 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF MOUNTAIN. VIEW AVENUE; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT Of WAY LINE, NORTH 01 028'18"EAST, A DISTANCE OF 1277.91 FEET TO THE POINT OF BEGINNING. THE ABOVE DE SCRIBED PARCEL OF LAND CONTAINS 0.88 ACRES MORE OR LESS. "B" ATTACHED HERETO MADE A PART HEREOF. EXHIBIT CITY OF A lJ M O V T ASTREET VACATION ---------- DRAWN BY U3 DATE. 03-17-11 W.O. #-ULL--11-103-- SHEET j- OF -L Exhibit B Plat — Parcel A 405 - 200 -009 1 405 - 210 -010 1405- 210 -009 1 405 - 210 -008 10 -020 I N89° 50' 12 "W 30.01' APN 405 - 240 -003 BEAUMONT UNIFIED SCHOOL DISTRICT APN 405 - 240 -004 BEAUMONT UNIFIED SCHOOL DISTRICT BROOKSIDE AVENUE N 89 °50'42" W 30.01' o GRAPHIC SCALE320 EXHIBIT CITY OF BEAUMONT ( IN FEET) A STREET VACATION 1 inch = 160 ft. SCALE: 1" =160' DRAWN BY: BH DATE: 03 -17 -11 W.O. # ULC -11 -007 f SHEET 1 OF 1 J F- Z O 30 U 0 o 00 o0O O iy N } M � OV Z Z Z) QO o NOD�J\ON U) R� v P�8 OGK PG 36 6� O' > GNER 8� M e' N w Q � L1J Lu N - F- 60 80 j W w o U o_ °V O Q Z N O Z) VJ N H Z :) o Z J O PARCEL "A" Z Z O a LOT - 7 LOT - g o.ss ACRES +i - m N APN 405 - 240 -003 BEAUMONT UNIFIED SCHOOL DISTRICT APN 405 - 240 -004 BEAUMONT UNIFIED SCHOOL DISTRICT BROOKSIDE AVENUE N 89 °50'42" W 30.01' o GRAPHIC SCALE320 EXHIBIT CITY OF BEAUMONT ( IN FEET) A STREET VACATION 1 inch = 160 ft. SCALE: 1" =160' DRAWN BY: BH DATE: 03 -17 -11 W.O. # ULC -11 -007 f SHEET 1 OF 1 _ LEAGUE 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 OF CALIFORNIA www.cacities.org CITIES Annual Conference Voting Procedures 2011 Annual Conference One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. 1400 K STREET LEAGUE SACRAMENTO, CA 95814 OF CALIFORNIA PH: (916) 658 -8200 Fx: (916) 658 -8240 CITIES Council Action Advised by August 26, 2011 June 9, 2011 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference — September 21 -23, San Francisco The League's 2011 Annual Conference is scheduled for September 21 -23 in San Francisco. An important part of the Annual Conference is the Annual Business Meeting (at the closing General Assembly), scheduled for 2:30 p.m., Friday, September 23, at the San Francisco Moscone West Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Friday, August 26, 2011. This will allow us time to establish voting delegate /alternates' records prior to the conference. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. • Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have o�y clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. To register for the conference, please go to our website: www.cacities.org. In order to cast a vote, at least one person must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up -more- the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. • Transferring Voting Card to Non - Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the San Francisco Moscone West Convention Center, will be open at the following times: Wednesday, September 21, 8:30 a.m. — 6:00 p.m.; Thursday, September 22, 7:30 a.m. — 4:00 p.m.; and September 23, 7:30 -10:00 a.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but not during a roll call vote, should one be undertaken. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by Friday, August 26th. If you have questions, please call Mary McCullough at (916) 658 -8247. Attachments: • 2011 Annual Conference Voting Procedures • Voting Delegate /Alternate Form LEAGUE OF CALIFORNIA CITIES CITY: 2011 ANNUAL CONFERENCE VOTING DELEGATE /ALTERNATE FORM Please complete this form and return it to the League office by Friday, August 26, 2011. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: E -mail Mayor or City Clerk Phone: (circle one) (signature) Date: Please complete and return by Friday, August 26 to: League of California Cities FAX: (916) 658 -8240 ATTN: Mary McCullough E -mail: mccullom @cacities.org 1400 K Street (916) 658 -8247 Sacramento, CA 95814 V otingDelegateLetterl l .doc